Doran

Doran v. Del Taco, Inc.

Good Law
237 F. App'x 148
United States Court of Appeals for the Ninth CircuitMay 21, 2007No. 05-55942California301 words

Opinion

Lead Opinion

MEMORANDUM ***

Jerry Doran alleged discrimination in violation of Title III of the Americans with Disabilities Act and related disabled access provisions of California law by Del Taco, Inc. and the James and Betty Walton Family Trust. We review the district court’s decision to deny attorneys’ fees for abuse of discretion. Barrios v. Cal. Interscholastic Fed’n, 277 F.3d 1128, 1133 (9th Cir.2002). The district court “abuses its discretion if its ruling on a fee motion is based on an inaccurate view of the law.” Id. We vacate and remand.

A prevailing ADA plaintiff may recover reasonable attorneys’ fees. 42 U.S.C. § 12205 . Norris v. Sysco Corp. discussed four factors relevant to attorneys’ fees determinations when a plaintiff is a “prevailing party” but recovers no damages or only a small amount of damages: “why other relief was not awarded, what public purposes were served, how ubiquitous and wrongful the defendant’s conduct was, and the strength of the discriminatory motive.” 191 F.3d 1043 , 1051 (9th Cir.1999). Those factors “are neither comprehensive, nor exclusive, nor required in every case.” Id. at 1052. Instead, the district court must consider “all facets of a case.” Id.…

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