Lopez
Lopez v. Routt
Opinion
lead Opinion
Stone, J.
*1008 INTRODUCTION
Plaintiff Elisa Lopez sued her employer, the City of Beverly Hills (the City), and her supervisor, Gregory Routt, for harassment in violation of the California Fair *852 Employment and Housing Act. 1 (FEHA) ( Gov. Code, § 12900 et seq. ) 2 A jury found in favor of the City and Routt on the harassment claim, and Routt moved for prevailing party attorney fees under FEHA's fee shifting provision. (§ 12965, subd. (b).) The trial court denied Routt's motion, concluding he had failed to establish Lopez's claim was frivolous, as is required for a prevailing defendant to obtain an attorney fee award under FEHA. (See Williams v. Chino Valley Independent Fire Dist. (2015) 61 Cal.4th 97 , 115, 186 Cal.Rptr.3d 826 , 347 P.3d 976 ( Williams ); Cummings v. Benco Building Services (1992) 11 Cal.App.4th 1383 , 1385-1386, 15 Cal.Rptr.2d 53 ( Cummings ).)
Routt appeals from the postjudgment order denying his request for attorney fees. As his sole contention on appeal, Routt argues the frivolousness standard should not apply to a fee request by a supervising employee who has been sued as an individual defendant. Based on California Supreme Court precedent and the relevant…