Lopez v. Routt

The same standard applies to an individual defendant's request for attorney fees under the California Fair Employment and Housing Act (FEHA) as applies to an employer defendant, and thus a fee award is only available in the discretion of a trial court when the court finds that the plaintiff's claim was frivolous. In this case, the Court of Appeal affirmed the trial court's denial of defendant's motion for attorney fees because plaintiff's FEHA claim was not frivolous. The court noted that individual employee defendants who prevailed on a FEHA harassment suit were not left without a means of recovering attorney fees and costs they may have incurred to defend themselves. The court also denied defendant's request for judicial notice. View "Lopez v. Routt" on Justia Law