Gage v. Wexler

82 F.R.D. 717
District Court, N.D. California·Decided June 14, 1979·No. Civ. No. C-78-0534-CBR·Published·Cited by 3 cases

Opinion

MEMORANDUM OF OPINION

RENFREW, District Judge.

On December 8, 1978, this Court granted defendants’ motion to dismiss plaintiff’s First Amended Complaint for failure to [718] state a claim, and the First Amended Complaint and the action therein were dismissed with prejudice. At the same time, a hearing was set for the purpose of determining whether under all of the circumstances it would be appropriate to award defendants their attorney’s fees. Such a hearing was held on March 15, 1979. After considering the oral argument of the parties and the post-hearing memoranda and letters submitted herein, this Court finds that an award of fees to defendants is appropriate.

Plaintiff’s federal claims were based upon 42 U.S.C. §§ 1981, 1982, 1983, 1985(2), (3), and 1986. Statutory provision for awarding attorney’s fees for such claims is found at § 1988:

“In any action or proceeding to enforce a provision of sections 1981, 1982, 1983, 1985, and 1986 of this title, * * * the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee as part of the costs.” (As amended, Pub.L.No. 94-559, § 2, Oct. 19, 1976, 90 Stat. 2641.)

The standard for assessing the propriety of awards to defendants is provided in Christiansburg Garment Co. v. EEOC, 434 U.S. 412, 421, 422, 98 S.Ct. 694, 54 L.Ed.2d 648 (1978), which dealt with the analogous fees provision1 for Title VII litigation:

“[A] district court may in its discretion award attorney’s fees to a prevailing defendant in a Title VII case upon a finding that the plaintiff’s action was frivolous, unreasonable, or without foundation, even though not brought in subjective bad faith.” 434 U.S. at 421, 98 S.Ct. at 700.
“[A] plaintiff should not be assessed his opponent’s attorney’s fees unless a court finds that his claim was frivolous, unreasonable, or groundless, or that the plaintiff continued to litigate after it clearly became so. And, needless to say, if a plaintiff is found to have brought or continued such a claim in bad faith, there will be an even stronger basis for charging him with the attorney’s fees incurred by the defense.” 434 U.S. at 422,98 S.Ct. at 701 (emphasis in original).

Equity also authorizes the federal courts to award attorney’s fees, as “federal courts, in the exercise of their equitable powers, may award attorney’s fees when the interests of justice so require.” Hall v. Cole, 412 U.S. 1, 4-5, 93 S.Ct. 1943, 1946, 36 L.Ed.2d 702 (1973). Thus, as the Court pointed out in Hall, “it is unquestioned that a federal court may award counsel fees to a successful party when his opponent has acted ‘in bad faith, vexatiously, wantonly, or for oppressive reasons.’ ” 412 U.S. at 5, 93 S.Ct. at 1946. In this case, both standards were met. This Court finds that plaintiff’s claims were groundless and in addition litigated in bad faith. Accordingly, an award of attorney’s fees is justified in both law and in equity.

The groundlessness of plaintiff’s suit is best demonstrated in the facts set forth in the Memorandum of Opinion dismissing his complaint for failure to state a claim. Plaintiff operated an auto body shop for five years as a tenant of the San Francisco Redevelopment Agency (“Redevelopment Agency”). Angered by incidents pertaining to the relocation of his shop, he has been an unsuccessful party to four lawsuits with the Redevelopment Agency in state courts.2 He claims that the Redevelopment Agency [719] is responsible for the eventual loss of his business and subsequent physical and emotional problems. This lawsuit, the fifth in the series, was filed in this Court on the last business day before retrial of the fourth suit was scheduled to begin in state court and sought $15 million in actual and punitive damages from several members of the Redevelopment Agency and its employees. At a June 1, 1978, status conference, this Court twice warned plaintiff that if this suit were no more than a collateral attack on a state judgment, the suit would be seen as an abuse of process and that attorney’s fees may be awarded to defendants.3

Plaintiff then filed a First Amended Complaint not substantially different from the original complaint. This Court found the amended complaint to be a mere restatement of the earlier state claims, showing “the absence of any meritorious civil rights claim.” The Court noted that “[b]y broadly alleging that defendants have pursued these and other actions as part of a continuing conspiracy to interfere with plaintiff’s civil rights, plaintiff hopes to breathe new life into his stale state claims.” Memorandum of Opinion filed December 8, 1978, at p. 5. In dismissing, this Court held that the Civil Rights Act cannot be used to obtain review of state court judgments, and that the claims of due process and equal protection violations, phrased in conclusory terms and lacking factual allegations, were inadequate to state a claim for relief under the Civil Rights Act. Additionally, plaintiff’s pendent state claims were dismissed as they no longer attached to valid federal claims.

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Gage v. Wexler, 82 F.R.D. 717 (N.D. Cal. 1979).

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