Rodriguez

Rodriguez v. Home Depot USA, Inc.

Good Law
175 F. App'x 902
United States Court of Appeals for the Ninth CircuitApril 12, 2006No. 04-56046; D.C. No. CV-02-00617-ABCCalifornia373 words

Opinion

Lead Opinion

MEMORANDUM **

Plaintiff-Appellant Robert Rodriguez appeals the district court’s award of damages and attorney’s fees under the California Unruh Civil Rights Act. Specifically, Rodriguez contends that the district court erred when it failed to award statutory damages for each incident of discrimination, and that the district court improperly reduced his attorney’s fees award. We have jurisdiction under 28 U.S.C. § 1291 . We hold that Rodriguez waived his right of review of the statutory damages claim because at trial he failed to object to the district court’s jury instruction on damages. We likewise decline to disturb the attorney’s fees award. The facts are known to the parties and we do not recite them here.

It is clear from the record that Rodriguez and the district court disagreed on the proper method for computing dam *903 ages under the Unruh Civil Rights Act, section 52(a) of the California Civil Code. Yet Rodriguez did not propose a jury instruction that would have awarded minimum statutory damages per incident. Nor did he object to the district court’s jury instructions on damages. Rodriguez waived his right of review by failing to object. Affordable Hous. Dev. Corps v.…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.