JANKEY v. LEE

No. S180890.

55 Cal.4th 1038 (2012)

150 Cal. Rptr. 3d 191

290 P.3d 187

LES JANKEY et al., Plaintiffs and Appellants, v. SONG KOO LEE, Defendant and Respondent.

Supreme Court of California.

December 17, 2012.


Attorney(s) appearing for the Case

Thomas E. Frankovich ; Law Offices of Lynn Hubbard and Scottlynn J. Hubbard IV for Plaintiffs and Appellants.

Brag Seligman for the Impact Fund, Disability Rights Advocates, Disability Rights California, Disability Rights Education and Defense Fund, Disability Rights Legal Center, Lawyers' Committee for Civil Rights of the San Francisco Bay Area, Public Advocates, Public Counsel, Public Justice and the Western Center on Law and Poverty as Amici Curiae on behalf of Plaintiffs and Appellants.

Law Offices of Charles S. Roseman, Charles S. Roseman , Richard D. Prager ; LaFave & Rice, John J. Rice ; Law Office of Gary L. Simms and Gary L. Simms for Rosa Miller, Manuel Miller, Ana Maya, Blanca Miller and Aida Masliah as Amici Curiae on behalf of Plaintiffs and Appellants.

Horvitz & Levy, David M. Axelrad , Andrea M. Gauthier ; Livingston Law Firm, Renée Welze Livingston and Jason G. Gong for Defendant and Respondent.

Dennis J. Herrera , City Attorney, Danny Chou , Chief of Complex and Special Litigation, and James M. Emery , Deputy City Attorney, for League of California Cities as Amicus Curiae on behalf of Defendant and Respondent.

Weintraub Genshlea Chediak , Lizbeth V. West , Charles L. Post and Brenda J. Begley for the California Hotel & Lodging Association, the Golden Gate Restaurant Association, the California Parks Company, the California Restaurant Association, the California Business Properties Association, Small Business California, the San Francisco Chamber of Commerce, Building Owners and Managers Association of California, the California Building Industry Association, the National Federation of Independent Business Small Business Legal Center and the California Chamber of Commerce as Amici Curiae on behalf of Defendant and Respondent.


OPINION

WERDEGAR, J.

(1) 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.1 We consider two principal challenges to the award: whether the trial court erred...

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