Judge: Kevin C. Brazile, Case: 23STCV05682, Date: 2023-09-27 Tentative Ruling

Hearing Date: October 26, 2023

Case Name: Gallegos v. University of La Verne, et al.

Case No.: 20STCV29478

Matter: Motion for Attorneys’ Fees

Moving Party: Plaintiff Francisco Gallegos

Responding Party: Defendant University of La Verne

Notice: OK

Ruling: The Motion is granted in part.

Moving party to give notice.

If counsel do not submit on the tentative, they are strongly 

encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. 

On August 4, 2020, Plaintiff Francisco Gallegos filed the operative Complaint against Defendant University of La Verne for (1) interference with CFRA leave, (2) retaliation for taking CFRA leave, (3) FEHA retaliation for taking medical leave, (4) FEHA disability discrimination, (5) FEHA failure to accommodate, (6) FEHA failure to engage in the interactive process, (7) FEHA failure to prevent discrimination and retaliation, and (8) wrongful termination.  Plaintiff alleges he was a financial aid counselor III for Defendant and that after he took medical leave for his shoulder disability, he was terminated.  

After a jury trial, the Court entered a $600,000 judgment in favor of Plaintiff and against Defendant.  The damages relate to emotional distress.  The jury found in favor of Plaintiff with respect to his claims for medical leave retaliation.   The jury found in favor of Defendant with respect to Plaintiff’s claim for discrimination.  

As the prevailing party, Plaintiff seeks attorneys’ fees and states that his “lodestar in this matter totals $1,289,840. Plaintiff also seeks a 2.0 multiplier due to the difficult nature of this case, the outstanding result, and because the case was taken on contingency, resulting in a delay in payment. The attorney fees sought therefore total $2,579,680.”

The lodestar is premised on hourly rates ranging from $200 to $1,200.  The number of hours expended was 1,576.5.

As an initial matter, the Court, in the exercise of its discretion, will not award any multiplier because this was not a complex or novel matter, and the result achieved was not extraordinary.

As to hourly rates, the Court will reduce the hourly rate of Alexander from $1,200 to $825, the rate of Panitz from $820 to $575, and the rate of Arnold from $700 to $575.

As to the number of hours, the Court will apply a 25% reduction to the time incurred by Alexander and Panitz, which the Court finds excessive, unreasonable, somewhat duplicative and appropriated to claims upon which Plaintiff was not successful.

Therefore, the Motion is granted in part; specifically, the Court awards $732,223.25 in fees. 

Moving party to give notice.

If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic.