Guillory v. Hill

248 Cal. Rptr. 3d 808, 36 Cal. App. 5th 802
CourtCalifornia Court of Appeal, 5th District
DecidedMay 31, 2019
DocketG054027
StatusPublished
Cited by2 cases

This text of 248 Cal. Rptr. 3d 808 (Guillory v. Hill) is published on Counsel Stack Legal Research, covering California Court of Appeal, 5th District primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Guillory v. Hill, 248 Cal. Rptr. 3d 808, 36 Cal. App. 5th 802 (Cal. Ct. App. 2019).

Opinion

ARONSON, J.

LeRoy Guillory and 11 other plaintiffs1 appeal from the court's denial of their 42 U.S.C. section 1988 ( § 1988 ) motion for attorney fees as prevailing parties in their civil rights claim against defendant Orange County Sheriff's Department Investigator Michele Hill. Plaintiffs contend the court abused its discretion when it denied their request for attorney fees.

Section 1988 authorizes "courts to award a reasonable attorney's fee to prevailing parties in civil rights litigation." ( *811Hensley v. Eckerhart (1983) 461 U.S. 424, 429, 103 S.Ct. 1933, 76 L.Ed.2d 40 ( Hensley ), italics added.) The most important factor in assessing a fee's reasonableness is "the degree of success obtained" by the prevailing party. ( Id. at p. 436, 103 S.Ct. 1933.) " 'Where recovery of private damages is the purpose of ... civil rights litigation, a ... court, in fixing fees, is obligated to give primary consideration to the amount of damages awarded as compared to the amount sought.' [Citation.] Such a comparison promotes the court's 'central' responsibility to 'make the assessment of what is a reasonable fee under the circumstances of the case.' " ( Farrar v. Hobby (1992) 506 U.S. 103, 114-115, 113 S.Ct. 566, 121 L.Ed.2d 494 ( Farrar ).) Furthermore, a "fee request that appears unreasonably inflated is a special circumstance permitting the trial court to reduce the award or deny one altogether." ( Serrano v. Unruh (1982) 32 Cal.3d 621, 635, 186 Cal.Rptr. 754, 652 P.2d 985 ( Serrano ), fn. omitted.)

Here, in light of plaintiffs' minimal success and inflated fee request, the trial court properly exercised its discretion to deny their section 1988 motion. Plaintiffs originally sought over $1 million in damages but ultimately obtained an award of less than $5,400. Plaintiffs then moved for almost $3.8 million in attorney fees in a 392-page motion containing, in the trial court's words, "bloated, indiscriminate," and sometimes " 'cringeworthy' " billing records. Accordingly, we affirm the court's postjudgment order.

I

FACTUAL AND PROCEDURAL BACKGROUND2

The Incident

In 2007, in the predawn hours following a huge Halloween party, 100 special weapons and tactics (SWAT) officers raided the mansion where the party had taken place. ( Guillory v. Hill (2015) 233 Cal.App.4th 240, 244-245, 182 Cal.Rptr.3d 513 ( Guillory I ).) The SWAT team forcibly detained plaintiffs and restrained their hands behind their backs with zip ties. ( Id. at p. 245, 182 Cal.Rptr.3d 513.)

About an hour later, Hill and a team of around 40 officers entered the mansion to conduct a warrant-based search for evidence of illegal gaming. ( Guillory I , supra , 233 Cal.App.4th at pp. 243, 246, 182 Cal.Rptr.3d 513.) Hill coordinated the search. ( Id. at p. 246, 182 Cal.Rptr.3d 513.) At various times that day, she interviewed and released each plaintiff separately. ( Id. at p. 247, 182 Cal.Rptr.3d 513.) Plaintiffs' detention that day lasted "for as long as 14 hours." ( Id. at p. 256, 182 Cal.Rptr.3d 513.)

The First Trial and Appeal

Plaintiffs sued Hill and other defendants for allegedly violating plaintiffs' civil rights under 42 U.S.C. section 1983 ( § 1983 ). ( Guillory I , supra , 233 Cal.App.4th at p. 243, 182 Cal.Rptr.3d 513.) Eventually, "several defendants including the various SWAT teams, unnamed 'Doe' police officers, and County of Orange defendants dropped out, either by plaintiffs' failure to name the 'Doe' defendants or by settlement or summary adjudication," leaving Hill as the sole remaining defendant. ( Ibid. )

A six-week trial ensued. ( Guillory I , supra , 233 Cal.App.4th at p. 243, 182 Cal.Rptr.3d 513.) At the close of evidence, the trial court granted Hill's motion for a directed verdict ( Code Civ. Proc., § 630 ) on *812all of plaintiffs' claims. ( Guillory I , at p. 243, 182 Cal.Rptr.3d 513.)

On appeal from the first trial, we reversed the directed verdict solely as to plaintiffs' " section 1983 claims based on the prolonged detention of the plaintiffs" after the search ended. ( Guillory I , supra , 233 Cal.App.4th at p. 244, 182 Cal.Rptr.3d 513

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Cite This Page — Counsel Stack

Bluebook (online)
248 Cal. Rptr. 3d 808, 36 Cal. App. 5th 802, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guillory-v-hill-calctapp5d-2019.