Timmons v. County of Los Angeles
Plaintiff filed this discrimination and harassment action under the California Fair Employment and Housing Act (FEHA) (Gov. Code, 12900 et seq.; all section references are to the Government Code unless otherwise indicated). After plaintiff dismissed some of the original claims, the trial court granted summary adjudication as to the rest, finding them barred by the statute of limitations. The summary adjudication order effectively ended the case, and judgment was entered for defendants. A subsequent motion by defendants for attorney fees was denied on the ground that plaintiffs case was not frivolous, unreasonable, or groundless. Both sides appealed. In seeking to reverse the summary adjudication, plaintiff relies almost exclusively on the allegations of his complaint. Court conclude that, because plaintiff has failed to cite the evidence submitted by defendants, as well as most of his own evidence, he has not demonstrated that the trial court erred. In addition, plaintiff has not adequately addressed a dispositive legal issue decided against him in the trial court. As for defendants appeal, Court conclude that the trial court did not abuse its discretion in denying their motion for attorney fees. Plaintiffs case, although not ultimately successful, was not baseless.
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