Tran

FACTS

Plaintiff sued defendant and her employer, Beyond Blue, Inc., for sexual harassment in violation of the Fair Employment and Housing Act (FEHA; Gov. Code, § 12900 et seq.), and also alleged 12 other causes of action, all based on the same facts. Plaintiff’s case was consolidated with a case filed by her sister, Tina Tran. Plaintiff prevailed on her sexual harassment claims, and on causes of action for assault and battery, against both defendants, and also prevailed on a claim under FEHA against Beyond Blue, Inc., for failure to prevent harassment and discrimination. Plaintiff did not prevail on the nine other causes of action.1 Plaintiff recovered damages of $22,625, consisting of noneconomic damages of $20,000 and economic damages for future psychotherapy of $2,625. Plaintiff’s sister did not prevail on any of her claims. Plaintiff filed a motion for attorney fees. On April 19, 2012, the court ruled that plaintiff was entitled to recover attorney fees. The court observed that, under Code of Civil Procedure section 1033, subdivision (a), the trial court has discretion to deny attorney fees to a plaintiff who prevails on a FEHA claim but recovers an amount that

1 The…