Molski

Jarek Molski appeals from an order awarding attorney fees in the amount of $33,702.63 to respondent Arciero Winery Group (Arciero). In this lawsuit over disability access to Arciero’s winery, Arciero obtained judgment in its favor on all causes of action. Molski contends that Arciero should not have been awarded its attorneys fees as a prevailing party under Civil Code section 55 because Molski’s claims were not frivolous, unreasonable or groundless. Alternatively, Molski contends that the award should be reduced. We affirm.

FACTS AND PROCEDURAL BACKGROUND

Molski is a disabled person who uses a wheelchair. On May 25, 2003, Molski visited Arciero’s winery. In a federal lawsuit, Molski alleged that he encountered barriers to full and equal access in violation of the Americans with Disabilities Act of 1990 ( 42 U.S.C. § 12101 et seq.; the ADA), the Unruh Civil Rights Act (§ 51), the Disabled Persons Act (§§ 54, 54.1, 54.3; the DPA), Health and Safety Code section 19955, and Business and Professions Code section 17200 et seq. (Case No. CV 03-5880 LGB; the federal action.) Molski has filed in excess of 400 such actions in state and federal court, and has been declared a…