Villanueva v. City of Colton

In Villanueva v. City of Colton (2008) 160 Cal.App.4th 1188, the trial court awarded nearly $ 40,000 in attorney fees to the City of Colton pursuant to the Fair Employment and Housing Act (FEHA) after the City prevailed in a frivolous employment discrimination action. (Id. at pp. 1191, 1200.) On appeal, the plaintiff claimed the court "failed to take into account his inability to pay such a sizable sum." (Id. at p. 1191.) The appellate court rejected this argument. It explained the plaintiff "offered no evidence of any kind which might have warranted a reduced fee award. Indeed, in responding to the City's request, he easily could have offered a declaration setting forth his gross income, his net income, his monthly expenses, his assets, or any other information which he thought would lend support to his position. He failed to do so. Thus, while we are confident that a trial court has an obligation to consider a losing party's financial status before assessing attorney fees under the FEHA, on the record before us we are unable to say that the court's fee award was an abuse of discretion." (Id. at p. 1204.)