Bustos

Bustos v. Global P.E.T., Inc.

Good Law
19 Cal. App. 5th 558·227 Cal. Rptr. 3d 205
Court of Appeal of CaliforniaDecember 22, 2017E065869California2,121 words

Opinion

lead Opinion

Codrington, J.

*561 I. INTRODUCTION

Plaintiff and appellant William Bustos brought this disability discrimination action against his former employers, defendants and respondents Global P.E.T., Inc. and Global Plastics, Inc. (collectively, Global). A jury found that Bustos's physical condition or perceived physical condition was "a substantial motivating reason" for his termination, but nevertheless returned defense verdicts on each of his claims. After trial, Bustos sought an award of attorney fees under the Fair Employment and Housing Act, Government Code 1 sections 12900 et seq., 12965 (FEHA), citing the holding of Harris v. City of Santa Monica (2013) 56 Cal.4th 203 , 152 Cal.Rptr.3d 392 , 294 P.3d 49 ( Harris ) that "a plaintiff subject to an adverse employment decision in which discrimination was a substantial motivating factor may be eligible for reasonable attorney's fees and costs expended for the purpose of redressing, preventing, or deterring that discrimination," even if the discrimination did not "result in compensable injury" for that particular plaintiff. ( Id. at p. 235, 152 Cal.Rptr.3d 392 , 294 P.3d 49 .)

In this appeal, Bustos challenges the trial court's ruling denying his…

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