Jankey

Sued under state and federal law for disability access discrimination, defendant Song Koo Lee prevailed and sought attorney fees. The trial court concluded fees for a prevailing defendant under Civil Code section 55 were mandatory and awarded $118,458, and the Court of Appeal affirmed. We consider two principal challenges to the award: whether the trial court erred in determining that section 55 fees are mandatory, and whether an award of mandatory fees is preempted by the federal Americans with Disabilities Act of 1990 ( 42 U.S.C. § 12101 et seq.; ADA). We conclude the plain language of section 55 makes an award of fees to any prevailing party mandatory, and the ADA does not preempt this part of the state’s attorney fee scheme for disability access suits. Accordingly, we affirm the judgment of the Court of Appeal.

Factual and Procedural Background

Lee owns and operates the K&D Market, a small grocery store in San Francisco’s Mission District. He does not own the building but has operated the market since 1985.

Plaintiff Les Jankey, a wheelchair user, sued Lee for denying him and other similarly situated disabled persons access to the full and equal enjoyment of the…