Charlebois v. Angels Baseball LP

993 F. Supp. 2d 1109, 2012 WL 2449849, 2012 U.S. Dist. LEXIS 91069
CourtDistrict Court, C.D. California
DecidedMay 30, 2012
DocketCase No. SACV 10-0853 DOC(ANx)
StatusPublished
Cited by14 cases

This text of 993 F. Supp. 2d 1109 (Charlebois v. Angels Baseball LP) is published on Counsel Stack Legal Research, covering District Court, C.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Charlebois v. Angels Baseball LP, 993 F. Supp. 2d 1109, 2012 WL 2449849, 2012 U.S. Dist. LEXIS 91069 (C.D. Cal. 2012).

Opinion

ORDER GRANTING PLAINTIFF’S MOTION FOR ATTORNEYS’ FEES

DAVID O. CARTER, District Judge.

Before the Court is a Motion for Final Approval of Attorneys Fees, Costs, and Enhancement Fees (Dkt. 95) filed by Plaintiff J Paul Charlebois (“Plaintiff’). After considering the moving papers and oral argument, the Court GRANTS the Motion.

I. Plaintiff Qualifies As A Party Entitled to Reasonable Attorneys’ Fees Under Both Federal and California Statutes

Plaintiff moves for fees under three statutes: (1) Section 12205 of Title 42 of the United States Code; (2) California Civil Code Section 55; and (3) California Civil Procedure Code Section 1021.5. Plaintiff qualifies as a party entitled to reasonable attorneys’ fees under all three of these statutes.

a. Federal Section 12205 provides reasonable attorneys’ fees to a prevailing party

Section 12205 of Title 42 of the United States Code provides that a court “may allow the prevailing party” to receive attorneys’ fees and costs from defendants in cases brought under the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. §§ 12101 et seq. See 42 U.S.C. § 12205 1; [1113]*1113Banios v. California Interscholastic Fed’n, 277 F.3d 1128, 1134 (9th Cir.2002). The Ninth Circuit has reversed as an abuse of discretion the denials of attorneys’ fees under 42 U.S.C. § 12205 where the party seeking fees satisfied the statutory criteria. See e.g., Barrios v. California Interscholastic Fed’n, 277 F.3d 1128, 1134 (9th Cir.2002); Skaff v. Meridien N. Am. Beverly Hills, LLC, 506 F.3d 832, 835, 844 (9th Cir.2007) (reversing denial of attorneys’ fees under 42 U.S.C. § 12205 in action to improve wheelchair users’ access to hotel because statute’s requirements were met by “court-enforceable settlement agreement” that “achieved [plaintiffs] objective of obtaining injunctive relief to make [defendant’s hotel] accessible”). This is because a “prevailing plaintiff ... should ordinarily recover an attorney’s fee unless special circumstances would render such an award unjust.” Barrios, 277 F.3d at 1134 (9th Cir.2002).

The Ninth Circuit has held that an ADA plaintiff is a prevailing party if she: (1) “achieve[s] a material alteration of the legal relationship of the parties”; and (2) that alteration is “judicially sanctioned.” Jankey v. Poop Deck, 537 F.3d 1122 (9th Cir.2008). The second requirement can be met in many ways, including when a party enters into a legally enforceable agreement with the defendant. Barrios v. California Interscholastic Fed’n, 277 F.3d 1128, 1134 (9th Cir.2002) (holding that plaintiff was “prevailing party” under 42 U.S.C. § 12205 because he could enforce a settlement against the defendant); Carbonell v. I.N.S., 429 F.3d 894, 899 (9th Cir.2005) (noting that Ninth Circuit “is in agreement with the vast majority of other circuits” that hold that “a litigant can ‘prevail’ for the purposes of awarding attorney’s fees as a result of judicial action other than a judgment on the merits or a consent decree”).

The parties do not dispute that Plaintiff is the prevailing party based on the settlement he reached with Defendants,

b. California Section 55 provides reasonable attorneys’ fees to a prevailing party

California Civil Code Section 55 provides that a “prevailing party ... shall be entitled” to receive attorneys’ fees and costs from defendants in cases brought under the California Disabled Persons Act (“CDPA”), Cal. Civ.Code § 54. See Cal. Civ.Code § 552; Barrios, 277 F.3d at 1137. As with fees under Section 12205, the parties do not dispute that Plaintiff is the prevailing party under this California statute. See Barrios, 277 F.3d at 1137 (reversing denial of attorneys’ fees because plaintiff was “prevailing party” under Section 55 given that settlement agreement gave plaintiff access to the baseball field and $10,000); cf. Hubbard v. SoBreck, LLC (Hubbard I), 554 F.3d 742, 745 (9th Cir.2009) (explaining that “the proof required to show a violation of the CDPA and of the ADA is identical” and so “a grant of fees on the California cause of action [under Section 55] is necessarily a grant of fees as to the ADA claim [under Section 12205]”).

c. California Section 1021.5 provides reasonable attorneys’ fees to a successful party whose legal victory transcends her personal interest

California Civil Procedure Code Section 1021.5 provides that “a court may [1114]*1114award attorneys’ fees to a successful3 party against one or more opposing parties in any action which has resulted in the enforcement of an important right affecting the public interest if: (a) a significant benefit, whether pecuniary or nonpecuniary, has been conferred on the general public or a large class of persons, (b) the necessity and financial burden of private enforcement ... are such as to make the award appropriate, and (c) such fees should not in the interest of justice be paid out of the recovery, if any.” Cal.Civ.Proc.Code § 1021.5. These requirements are satisfied, and thus an award under Section 1021.5 “is appropriate,” if “the cost of the claimant’s legal victory transcends his personal interest, that is, when the necessity for pursuing the lawsuit placed a burden on the plaintiff out of proportion to his individual stake in the matter.” In re Conservatorship of Whitley, 50 Cal.4th 1206, 1215, 117 Cal.Rptr.3d 342, 241 P.3d 840, 846 (2010) (internal quotation marks omitted).

Courts have reversed as an abuse of discretion the denials of attorneys’ fees under Section 1021.5 where the party seeking fees satisfied the statutory criteria. See e.g., Skaff v. Meridien N. Am. Beverly Hills, LLC,

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993 F. Supp. 2d 1109, 2012 WL 2449849, 2012 U.S. Dist. LEXIS 91069, Counsel Stack Legal Research, https://law.counselstack.com/opinion/charlebois-v-angels-baseball-lp-cacd-2012.