C.C.

C.C. v. Paradise High School

Good Law
United States District Court, Eastern District of CaliforniaMay 28, 20202:16-cv-02210California1,282 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 C.C, No. 2:16-cv-02210-KJM-DMC Plaintiff, v. ORDER PARADISE HIGH SCHOOL, et al., Defendants. 16 On November 19, 2019, the court granted in full the motion for summary judgment by defendants Paradise High School and Paradise Unified School District (collectively “defendants”) and entered judgment accordingly. See ECF Nos. 98, 99. Defendants now seek costs in the amount of $5,195.82. Bill of Costs, ECF No. 103. Plaintiff C.C. opposes, arguing that under the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12205, the prevailing party is not entitled to costs unless it can show the lawsuit was frivolous, unreasonable or without foundation. Opp’n, ECF No. 104, at 2. Plaintiff is correct, in part. Under § 12205, the court “may allow the prevailing party . . . a reasonable attorney’s fee, including litigation expenses, and costs.” 42 U.S.C. § 12205. “Attorney’s fees under § 12205 should…

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