22 Cited authorities

Christiansburg Garment Co. v. Equal Emp't Opportunity Comm'n
434 U.S. 412 (1978) Cited 3,710 times 33 Legal Analyses
Holding that for a defendant to recoup attorneys fees under § 706(k) of Title VII, a court must find that the plaintiff litigated his or her claim beyond the point where it became “frivolous, unreasonable, or groundless” or where plaintiff acted in bad faith
Guthrey v. State of California
63 Cal.App.4th 1108 (Cal. Ct. App. 1998) Cited 742 times
Granting attorneys' fees where the court held "there is absolutely no evidence on the record which supports a finding that [plaintiff] has established a prima facie case for any of his claims"
Chavez v. City of Los Angles
47 Cal.4th 970 (Cal. 2010) Cited 292 times 3 Legal Analyses
Holding that a reduced fee award is appropriate where a claimant achieves only limited success
Williams v. Chino Valley Independent Fire District
61 Cal.4th 97 (Cal. 2015) Cited 149 times 8 Legal Analyses
Concluding rule that prevailing defendant may recover attorney fees only if the plaintiff's "action was objectively groundless" articulated in Christiansburg Garment Co. v. Equal Employment Opportunity Comm'n 434 U.S. 412, 421-422 applicable to costs
Sviridov v. City of San Diego
14 Cal.App.5th 514 (Cal. Ct. App. 2017) Cited 69 times
In Sviridov v. City of San Diego (2017) 14 Cal.App.5th 514, 521, the appellate court held that the trial court may award a prevailing defendant costs under Code of Civil Procedure section 998 in a nonfrivolous FEHA action.
Seever v. Copley Press, Inc.
141 Cal.App.4th 1550 (Cal. Ct. App. 2006) Cited 88 times 4 Legal Analyses
Concluding "the trial court was well within its discretion in awarding travel costs to depositions"
Ladas v. California State Auto. Assn.
19 Cal.App.4th 761 (Cal. Ct. App. 1993) Cited 119 times 1 Legal Analyses
Holding "fees are not authorized for exhibits not used at trial" under section 1033.5, subdivision
Rosenman v. Christensen, Miller, Fink, Jacobs
91 Cal.App.4th 859 (Cal. Ct. App. 2001) Cited 82 times
Concluding that attorney's fees inappropriate in part because cause of action was not "obviously contrary to undisputed facts or well established legal principles" specifically precluding recovery for the type of injury alleged
Robert L. Cloud Associates, Inc. v. Mikesell
69 Cal.App.4th 1141 (Cal. Ct. App. 1999) Cited 81 times
In Cloud Assocation, Inc. v. Mikesell, 69 Cal. App. 4th 1141 (1999), the court reversed an award for punitive damages under California Civil Code section 3426.3(c) because there was no evidence of the defendant's financial condition as required byAdams and Neal. 69 Cal. App. 4th at 1151-53.
Elrod v. Oregon Cummins Diesel, Inc.
195 Cal.App.3d 692 (Cal. Ct. App. 1987) Cited 107 times
In Elrod, the Court of Appeal held the trial court did not abuse its discretion in finding the section 998 offer was unreasonable.

Angela Wergechik vs. Anaheim Arena Management, LLC

22 Cited authorities

Holding that for a defendant to recoup attorneys fees under § 706(k) of Title VII, a court must find that the plaintiff litigated his or her claim beyond the point where it became “frivolous, unreasonable, or groundless” or where plaintiff acted in bad faith

Granting attorneys' fees where the court held "there is absolutely no evidence on the record which supports a finding that [plaintiff] has established a prima facie case for any of his claims"

Holding that a reduced fee award is appropriate where a claimant achieves only limited success

Concluding rule that prevailing defendant may recover attorney fees only if the plaintiff's "action was objectively groundless" articulated in Christiansburg Garment Co. v. Equal Employment Opportunity Comm'n 434 U.S. 412, 421-422 applicable to costs

In Sviridov v. City of San Diego (2017) 14 Cal.App.5th 514, 521, the appellate court held that the trial court may award a prevailing defendant costs under Code of Civil Procedure section 998 in a nonfrivolous FEHA action.

Concluding "the trial court was well within its discretion in awarding travel costs to depositions"

Holding "fees are not authorized for exhibits not used at trial" under section 1033.5, subdivision

Concluding that attorney's fees inappropriate in part because cause of action was not "obviously contrary to undisputed facts or well established legal principles" specifically precluding recovery for the type of injury alleged

In Cloud Assocation, Inc. v. Mikesell, 69 Cal. App. 4th 1141 (1999), the court reversed an award for punitive damages under California Civil Code section 3426.3(c) because there was no evidence of the defendant's financial condition as required byAdams and Neal. 69 Cal. App. 4th at 1151-53.

In Elrod, the Court of Appeal held the trial court did not abuse its discretion in finding the section 998 offer was unreasonable.