Turner

In Turner v. Association of American Medical Colleges (2008) 167 Cal.App.4th 1401 [ 85 Cal.Rptr.3d 94 ] (Turner I), this court held that, when taking a standardized test, individuals with learning disabilities and other conditions affecting their ability to read are not entitled to accommodations under California’s Unruh Civil Rights Act (Civ. Code, § 51) 1 and Disabled Persons Act (DPA) (§ 54 et seq.). We reversed the trial court’s decision in favor of plaintiffs 2 and, on remand, defendant Association of American Medical Colleges sought an award of attorney fees under section 55 of the DPA. Section 55 provides that the “prevailing party” in an action for injunctive relief under the DPA “shall be entitled to recover reasonable attorney’s fees.” On remand, the trial court declined to award attorney fees to defendant because, among other reasons, all of the hours spent by defendant on the claim for injunctive relief under section 55 were inextricably intertwined with the defense of plaintiffs’ claims under the Unruh Civil Rights Act and section 54.3 of the DPA, and only prevailing plaintiffs are entitled to attorney fees on those claims. That is, section 52 authorizes fee…