Linton
Linton v. Cnty. of Contra Costa
Opinion
Lead Opinion
Margulies, J.
*631 Plaintiff Janet Linton appeals from an order denying her request for attorney fees. Linton contends defendants County of Contra Costa (County), Greater Richmond Inter-Faith Program, and Dennis Jauregui's (jointly, defendants) acceptance of her offer to compromise under Code of Civil Procedure section 998 ( section 998 ) entitled her to fees because it expressly provided for "attorney's fees allowed by law as determined by the court." While Linton's section 998 offer provided her the right to seek attorney fees as "allowed by law," we conclude no such fees were in fact "allowed by law." Accordingly, we affirm the judgment.
I. BACKGROUND
Linton fell from her wheelchair while being transported in a County paratransit van. The transporter had anchored Linton's wheelchair to the floor but had not provided Linton with a seatbelt. Linton sustained various injuries as a result of the incident.
Linton's second amended complaint alleged violations of the California Disabled Persons Act ( Civ. Code, § 54 et seq. ; DPA) and the Unruh Civil Rights Act ( Civ. Code, § 51 et seq. ; Unruh Act). Linton sought general damages, medical and related expenses, interest, costs of suit, and…