![]() "In actions brought under this section, the court, in its discretion may award to the prevailing party reasonable attorney fees and costs except where such action is filed by a public agency or a public official, acting in an official capacity." (a)(10)(B).) Government Code section 12965 authorizes an award of attorney fees and costs to the prevailing party in any action brought under the California Fair Employment and Housing Act (FEHA). Standard of Review of an Award to a Prevailing Defendant in an Age Discrimination Case.Īttorney fees are allowable as costs to a prevailing party when authorized by statute. The present appeal concerns the propriety of the award of attorney fees and costs to Benco as the prevailing defendant in an age discrimination case. ![]() In the interim, the summary judgment in favor of Benco on the age discrimination claim was affirmed by a divided panel of Division Five of this district in a partially published opinion filed Octo(Cummings v. The trial court denied appellant's motion to tax costs and awarded Benco $60,318.50 in attorney fees and $3,049.95 in costs. Appellant filed a motion to tax costs and an opposition to Benco's request for fees and costs claiming Benco was not entitled to an award because her complaint was neither frivolous, unreasonable nor groundless. Benco then filed a motion for statutory attorney fees and costs as the prevailing party in the action. Appellant later withdrew her cause of action for sex discrimination, leaving only her cause of action for age discrimination against Benco.īenco filed a motion for summary judgment on the age discrimination claim which was granted by the trial court. After reaching a settlement agreement with JMB, appellant voluntarily dismissed her causes of action against the JMB employees. The second and third causes of action were asserted against JMB and two of its officials. Appellant's position was later filled with a younger male employee.Īppellant filed a complaint against Benco alleging age and sex discrimination in violation of the California Fair Employment and Housing Act (Gov. In her exit interview, Douglas Hardin, president of Benco, told appellant he had discussed the situation with two officials of JMB and they decided she was too old and they were retiring her. The complaints persisted into 1988 indicating appellant was unable to properly supervise her cleaning crews. Starting in late 1987, Benco received complaints from JMB concerning the janitorial service at the building. When defendant, Benco Building Services (Benco), was awarded the contract to provide cleaning services at the building, Benco retained appellant as supervisor of the cleaning staff at the urging of the owner of the building, JMB Property Management and Realty Company (JMB). Many of the tenants dealt directly with appellant on various matters and some even had her home telephone number. The building management company and many tenants knew appellant and were very fond of her. She had worked at that building since it was built and was intimately familiar with the building and its tenants. We find the trial court abused its discretion in making an award under the circumstances of this case and reverse.Īppellant, Channie Cummings, is a 69-year-old Black woman who was the building maintenance supervisor at a 500,000-square-foot office building in Century City. Plaintiff appeals from an order of the trial court awarding $63,359.45 in attorney fees and costs to defendant as the prevailing party in an action for age discrimination. Burrows and Daniel Weisberg for Defendants and Respondents. J., and Woods (Fred), J., concurring.)Īllred, Maroko, Goldberg & Ribakoff and Alan P. (Superior Court of Los Angeles County, No. BENCO BUILDING SERVICES et al., Defendants and Respondents. It does not store any personal data.CHANNIE CUMMINGS, Plaintiff and Appellant, v. The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. The cookie is used to store the user consent for the cookies in the category "Performance". This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other. The cookies is used to store the user consent for the cookies in the category "Necessary". The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". The cookie is used to store the user consent for the cookies in the category "Analytics". These cookies ensure basic functionalities and security features of the website, anonymously. Necessary cookies are absolutely essential for the website to function properly.
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