In plaintiff's action under the Fair Employment and Housing Act (FEHA), court of appeals' reversal of trial court's denial of plaintiff's motion seeking an attorney's fee award of $870,935.50 is reversed where: 1) Code Civ. Proc. section 1033(a), interpreted according to its plain meaning, gives a trial court discretion to deny attorney's fees to a plaintiff who prevails on a FEHA claim but recovers an amount that could have been recovered in a limited civil case; and 2) in light of plaintiff's minimal success and grossly inflated attorney's fee request, the trial court did not abuse its discretion in denying attorney's fees.
Filed January 14, 2010
Opinion by Judge Kennard
For Appellant: Law Office of Rochelle Evans Jackson, Rochelle Evans Jackson; Law Office of Melinda G. Wilson and Melinda G. Wilson
For Appellee: Rockard J. Delgadillo, City Attorney, Paul L. Winnemore and Beth D. Orellana, Deputy City Attorneys