Greene

Dillingham Construction N.A., Inc., appeals from a postjudgment order awarding fees and costs to Willie M. Greene in this California Fair Employment and Housing Act (Gov. Code, § 12900 et seq.; hereafter FEHA) action. It contends that the trial court abused its discretion in: (1) failing to apportion the fee award between Greene’s successful claim and those claims on which he did not prevail, and (2) awarding fees for the period following Greene’s rejection of Dillingham’s settlement offer. In a cross-appeal, Greene argues that the trial court erred in denying his request for a multiplier. We affirm the award of fees but remand the matter to the trial court to reconsider Greene’s request for a multiplier.

I. Factual Background

This court previously decided the underlying action in this case. (Greene v. Dillingham Construction N.A., Inc. (Oct. 9, 2001, A090889) [nonpub. opn.].)

In that action, a jury, by special verdict, found in favor of Greene on his claim that he was subjected to racial harassment in violation of FEHA. The jury awarded Greene $490,000 in emotional distress damages. It rejected Greene’s retaliation and punitive damages claims. We affirmed the trial…