TURNER v. ASSOCIATION OF AMERICAN MEDICAL COLLEGES Part-II

TURNER v. ASSOCIATION OF AMERICAN
MEDICAL COLLEGES










Filed 3/24/11; reposted to correct description date









CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

ANDRES TURNER et al., Plaintiffs and Respondents, v. ASSOCIATION OF AMERICAN MEDICAL COLLEGES, Defendant and Appellant.

A126742 (Alameda County Super. Ct. No. RG04166148)

STORY CONTINUE FROM PART I….



The decisions in Molski, supra, 164 Cal.App.4th 786 and Murillo, supra, 17 Cal.4th 985 do not undermine a conclusion that there is a conflict between statutes in this case. In Molski, the plaintiff argued that a prevailing defendant should only be awarded attorney fees under section 55 if the plaintiff's action was frivolous. (Molski, at p. 791) Plaintiff argued for application of the standard under the ADA, where an award of attorney fees to the prevailing party is discretionary (42 U.S.C. § 12205; Hubbard, supra, 554 F.3d at p. 744), but a prevailing defendant may only be awarded fees â€