A prolonged legal battle between a prominent columnist and a major newspaper has culminated in a contentious court decision regarding attorney fees. The case, filed by Virginia Simers as the executor of T.J. Simers' estate against Los Angeles Times Communications LLC, was heard in the Superior Court of Los Angeles County on August 30, 2024.
T.J. Simers, a well-known columnist for the Los Angeles Times, alleged that he was demoted due to age and disability discrimination in violation of the Fair Employment and Housing Act (FEHA). Following his demotion in August 2018, Simers left the Times to join a rival newspaper and subsequently filed a lawsuit against his former employer for constructive termination and discrimination.
The litigation spanned nine years and involved three separate jury trials. In the first trial, the jury awarded Simers $2.1 million in economic damages and $5 million in noneconomic damages. However, the trial court granted judgment notwithstanding the verdict (JNOV) on the constructive termination claim and ordered a new trial on noneconomic damages. Both parties appealed this decision, leading to an affirmation of the trial court's orders by the appellate court.
In the second trial, Simers was awarded $15.4 million in noneconomic damages. However, this verdict was overturned due to misconduct by one of Simers' attorneys during closing arguments and because the damages were deemed excessive. The attorney had improperly suggested that damages should be based on the defendant’s wealth, which violated court instructions.
The third trial focused solely on determining noneconomic damages for Simers' demotion. The jury awarded him $1.25 million—the exact amount offered by Los Angeles Times Communications LLC in a settlement proposal before this final trial commenced.
Following these trials, there was further contention over attorney fees and costs. Plaintiff sought over $15.5 million in attorney fees while defendants argued that fees should not be recovered for work done after their settlement offer or for efforts related to unsuccessful appeals and trials necessitated by attorney misconduct.
The Superior Court ultimately awarded plaintiff $3.26 million in attorney fees but excluded any post-settlement offer costs or fees incurred after December 7, 2021—the date of defendant’s settlement offer under Code of Civil Procedure section 998.
Judge Armen Tamzarian presided over this case with Shegerian & Associates representing Virginia Simers and Ballard Rosenberg Golper & Savitt representing Los Angeles Times Communications LLC.