Civil Rights: Trial Court’s 75% Reduction Of FEHA Attorney’s Fees, After Specific Entry Reductions, Was Reversed Because Limited Success Analysis Was Flawed

Evidence On Unsuccessful Claims Was Probative On Successful Claims, So Reduction Needed To Be Restudied. 

            In Vines v. O’Reilly Auto Enterprises, LLC, Case No. B301000 (2d Dist., Div. 7 Jan. 21, 2022) (published), a FEHA plaintiff won on two out of six causes of action, recovering $140,400 on retaliation/failure to prevent retaliation claims, but losing on race discrimination (disparate treatment) and harassment claims.  Plaintiff then moved for $809,681.25 in FEHA attorney’s fees (lodestar of $647,745 with a 1.25 multiplier).  The lower court refused to award a multiplier and made specific reductions of $129,583.23 for specific entries, but then made a 75% reduction in the remaining amount based on the view that work on the unsuccessful claims was not helpful on the successful claims—awarding plaintiff a fee total of $129,540.44.    The 2/7 DCA panel reversed.  The real problem here was that the “limited success” analysis of the lower court was flawed, given that some of the work on the unsuccessful work was probative on the successful work.  So, the lower court had to determine what amount more from the lodestar minus specific billing reductions ($518,161.77) had to be awarded after conducting a new “limited success” analysis.