Engel

This appeal marks the third time David Engel has called upon us to review the trial court’s rulings in favor of Dan Worthington doing business as Worthington Reunion Photographers. Twice, we overruled the trial court, holding in Engel’s favor. We do so again. This time, in a case of first impression, we hold a prevailing plaintiff in a Civil Code section 52 action is entitled, as a matter of law, to an attorney fees award.

I

Engel sued Worthington in 1987, alleging Civil Code section 51 et seq. violations based on Worthington’s refusal to include a photograph of Engel and his male companion in a high school reunion yearbook. After a bench trial, the court ruled in favor of Worthington. Engel appealed, and on January 7, 1992, in an unpublished opinion, we reversed the judgment remanding the cause to the trial court with directions to issue a written statement of decision. (Engel v. Worthington (Jan. 7, 1992) G010171.)

The trial court complied, but once again Engel appealed and we reversed. In a published opinion filed September 30, 1993, we directed the trial court to enter judgment for Engel and to set a hearing to determine Civil Code section 52 damages and attorney…