Trial Judge Applied The Correct Lodestar And Multiplier Factors, Awarding Plaintiff’s Attorneys $1,054,494 In Fees Under FEHA.
In Young v. Dept. of Public Social Services, Case No. B329748 (2d Dist., Div. 5 Sept. 6, 2024) (unpublished), plaintiff won $3.5 million in damages on a retaliation claim, but plaintiff’s attorneys sought a $1.498 million lodestar augmented by a 2.5 positive multiplier, for a total fee award of over $3.745 million. After a contested fee motion, the lower court reduced the hourly rates of two attorneys (from $795 to $600 for a more senior attorney and $750 to $550 for a younger attorney) and the hourly rate of a paralegal (from $250 to $150), pared some hours, and denied the multiplier request. The total fee award was $1,054,494.
The 2/5 DCA affirmed under the deferential abuse of discretion standard. The defense expert provided some context for reduced rates, such that the hourly rates awarded were not irrational. Although the case was taken under a contingency arrangement, the lower court’s perception that the lodestar also captured the multiplier factors was not unreasonable given that the matter was a routine FEHA case with no novel issues—otherwise, all FEHA contingency cases would automatically result in a multiplier.
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