Herron

INTRODUCTION

James Herron sued the County of Los Angeles for five causes of action and over $2 million in damages. A jury found for Herron on only two claims and awarded him a total of $200,000. Herron moved for over $2.1 million in attorney fees and $121,000 in costs from the County under Government Code section 12965, subdivision (b) (section 12965(b)). The court awarded Herron $320,000 in attorney fees and $28,472.58 in costs, and Herron appealed. We affirm in part and reverse in part.

FACTUAL AND PROCEDURAL BACKGROUND

The Parties and the Trial Herron was a temporary union employee for the County, working as a plumber. After he injured his arm on the job, he was released back to the union. Herron sued the County, alleging five causes of action: disability discrimination, failure to engage in the interactive process, failure to accommodate, failure to prevent disability discrimination and violation of the California Family Rights Act. The matter proceeded to a bifurcated trial. During the liability phase, the jury found in favor of Herron on the disability discrimination and failure to prevent discrimination claims and in favor of the County on the remaining three claims.…