Alexis v. Rogers et al
Filing
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ORDER denying 111 Motion for Attorneys' Fees. Signed by Judge Cathy Ann Bencivengo on 9/1/2017. (All non-registered users served via U.S. Mail Service)(acc)
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UNITED STATES DISTRICT COURT
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SOUTHERN DISTRICT OF CALIFORNIA
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LAURA ALEXIS, an individual,
Case No.: 15cv691-CAB-BLM
Plaintiff,
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v.
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ORDER DENYING MOTION FOR
ATTORNEYS’ FEES [Doc. No. 111]
JAMES B. ROGERS, an individual;
GLADYS HOLDINGS, LLC, a New
York Limited Liability Corporation;
BEELAND INTERESTS, INC., a
Delaware Corporation; and DOES 1 - 50,
inclusive,
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Defendant.
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On June 16, 2017, Defendants filed a motion for attorneys’ fees in the amount of
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$926,597.75 on the basis that Plaintiff’s claims under the Fair Employment and Housing
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Act (“FEHA”) were frivolous, unreasonable, and without foundation. [Doc. No. 111.]1
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For the reasons set forth below, the motion is DENIED.
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The motion papers did not comply with the Court’s notice procedures. Contrary to Section II.A. of this
Court’s Civil Case Procedures, Defendants did not set a hearing date to be 35 days from the motion’s
filing date. The notice of motion [Doc. No. 111-1] states “Hearing Date: None set.” The motion [Doc.
No. 111] states “Hearing Date: June 27, 2017,” which is only 11 days from the motion’s filing date.
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BACKGROUND
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On May 30, 2017, this Court adopted the Report and Recommendation of
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Magistrate Judge Barbara L. Major and granted the Defendants’ motion for terminating
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sanctions against Plaintiff. [Doc. No. 103.] Judgment was entered accordingly. [Doc.
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No. 106.]
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On June 16, 2017, Defendants’ filed this motion for attorneys’ fees in the amount
of $926, 597.75. [Doc. No. 111.]
On June 27, 2017, Plaintiff filed a Notice of Appeal with the Ninth Circuit Court of
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Appeal, as well as a motion for permission to appeal in forma pauperis. [Doc. Nos. 112,
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113.] On August 10, 2017, the Ninth Circuit Court of Appeal granted Plaintiff’s motion
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for permission to appeal in forma pauperis. [Doc. No. 119.]
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II. LEGAL STANDARD
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California Government Code section 12965 provides that, “[i]n civil actions
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brought under this section, the court, in its discretion, may award to the prevailing party
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... reasonable attorney's fees and costs, including expert witness fees.” Cal. Gov't Code §
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12965(b); Harris v. City of Santa Monica, 56 Cal. 4th 203, 213 (Cal. 2013). Where, as
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here, the defendant is the prevailing party, the defendant must satisfy the standard set
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forth by the Supreme Court in Christiansburg Garment Co. v. Equal Employment
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Opportunity Commission, 434 U.S. 412, 421 (1978), in order to obtain an award of fees
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pursuant to section 12965. See Villasenor v. Sears, Roebuck & Co., CV 09-9147 PSG
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FMOX, 2011 WL 939033, at *1 (C.D. Cal. Mar. 15, 2011). In Christiansburg, the Court
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stated that “a district court may in its discretion award attorney's fees to a prevailing
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defendant in a Title VII case upon a finding that the plaintiff's action was frivolous,
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unreasonable, or without foundation, even though not brought in subjective bad faith.”
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434 U.S. at 421.
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Neither document comports with Section II.A. Nevertheless, given that the motion is being denied, no
opposition is required.
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III. DISCUSSION
To be awarded attorneys' fees, Defendants must demonstrate that Plaintiff's claim
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was “frivolous, unreasonable, or without foundation.” Christiansburg, 434 U.S. at 421.
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For the following reasons, the Court finds that Defendants have failed to do so.
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A. Frivolous, Unreasonable or Unfounded.
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Defendants argue that in October 2016, Plaintiff produced “thousands of damning
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emails . . . that eviscerated her claims against Defendants.” [Doc. No. 111 at 3.]
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According to Defendants, these emails conclusively prove that Plaintiff “did not suffer
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any violent, unwelcome, or nonconsensual contact by Rogers.” [Doc. No. 111 at 7.]
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However, what is absent from Defendants’ presentation is any evidence to show
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there was no sexual relationship between Plaintiff and her alleged employer, Mr. Rogers.
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While perhaps not couched in these terms, the gravamen of the complaint is one for quid
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pro quo harassment, which occurs when an economic or job benefit is conditioned on the
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employee’s submission to sexual advances or when the employee suffers a job detriment
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for refusing to comply. Fisher v. San Pedro Peninsula Hospital, 214 Cal.App.3d 590
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(1989); Nichols v. Frank, 42 F.3d 503 (9th Cir. 1994). See also Father Belle Cmty. Ctr.
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V. New York State Div. of Human Rights on Complaint of King, 221 A.D.2d 44,
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50(1996)(“The issue in a quid pro quo case is whether the supervisor has expressly or
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tacitly linked tangible job benefits to the acceptance or rejection of sexual advances; a
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quid pro quo claim is made out whether the employee rejects the advances and suffers the
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consequences or submits to the advances in order to avoid those consequences.”)
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Here, while the email evidence certainly speaks to whether the sexual advances
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were unwelcome, it does not refute whether there was a sexual relationship between
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Plaintiff and her alleged employer, Mr. Rogers. Moreover, Defendants acknowledge that
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Plaintiff’s employment was terminated by Mr. Rogers, although Defendants dispute the
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nature of the employment relationship.2 Thus, at this point, there is no “damning”
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evidence as to two of the three elements of quid pro quo harassment.
Moreover, while Defendants’ description of the email evidence is certainly a
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compelling showing that any sexual advances were not unwelcome, this Court has not
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had an opportunity, such as in a motion for summary judgment or trial, to independently
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review the evidence and address the merits of the claims. After Plaintiff’s counsel
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withdrew in January 2017 [Doc. No. 79], Plaintiff failed to participate in the litigation
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and the case was ultimately terminated pursuant to Defendants’ motion for terminating
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sanctions [Doc. Nos. 103, 105]. Given that the case was not adjudicated on the merits,
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the Court declines, in its discretion, to deem the case frivolous.
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B. Substantial Hardship.
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Moreover, the Court also finds that awarding the amount of attorneys' fees
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requested by Defendants would be inappropriate because doing so would cause Plaintiff a
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significant financial hardship. In addition to determining whether fees are valid,
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California law dictates that “[t]he trial court should also make findings as to the plaintiff's
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ability to pay attorney fees, and how large the award should be in light of the plaintiff's
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financial situation.” Rosenman v. Christensen, Miller, Fink, Jacobs, Glaser, Weil &
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Shapiro, 91 Cal. App. 4th 859, 868 n.42 (Cal. Ct. App. 2001). In Rosenman, the court
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“wholeheartedly agree[d] with the Ninth Circuit's holding” in Patton v. County of Kings,
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857 F.2d 1379 (9th Cir. 1988), that “the trial court should consider the financial resources
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of the plaintiff in determining the amount of attorney's fees to award to a prevailing
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defendant” and that “an award of attorney fees ‘should not subject the plaintiff to
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financial ruin.’ ” Rosenman, 91 Cal. App. 4th at 868 n.42 (quoting Patton, 857 F.2d at
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1382 (internal quotation marks omitted)); accord Surrell v. Cal. Water Serv. Co., CIV. S-
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04-2143 FCDJF, 2006 WL 1153758, at *2 (E.D. Cal. Apr. 28, 2006) (“[I]n assessing
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Defendants assert that Plaintiff was a consultant and they merely ceased funding her consultancy.
[Doc. No. 111 at 21.]
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whether to award attorneys' fees, the district court must consider the financial resources
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of the plaintiff in awarding fees to a prevailing defendant because the award should not
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subject the plaintiff to financial ruin.” (internal quotation marks omitted)); Garcia v.
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Santana, 174 Cal. App. 4th 464, 481 (Cal. Ct. App. 2009) (“[In Rosenman,] [w]e
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expressed concern that ‘an award of attorney fees should not subject the plaintiff to
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financial ruin.’ ” (internal quotation marks omitted)); Villanueva, 160 Cal. App. 4th at
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1204 (“we are confident that a trial court has an obligation to consider a losing party's
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financial status before assessing attorney fees under the FEHA”).
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Here, Plaintiff recently filed a motion for permission to appeal in forma pauperis
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wherein she declares that she is disabled, unemployed, has no income, has a home in
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foreclosure, and receives food stamps and Medi-Cal. [Doc. No. 113.] The motion was
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granted by the Ninth Circuit Court of Appeal. [Doc. No. 119.] An award of
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$926,597.75, or anything close to it, against Plaintiff would most likely “subject the
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Plaintiff to financial ruin.” Roseman, 91 Cal.App.4th at 868, n. 42. Therefore, the Court
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finds, in its discretion, that an award of attorneys’ fees would be inappropriate in light of
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Plaintiff’s financial situation.
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CONCLUSION
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For the reasons set forth above, the motion for attorneys’ fees is DENIED.
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IT IS SO ORDERED.
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Dated: September 1, 2017
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