A significant legal battle has culminated in a post-judgment order affirming the award of attorney fees in a contentious employment retaliation case. Lorna Young, the plaintiff, filed her complaint against the Department of Public Social Services (DPSS) and the County of Los Angeles on September 6, 2024, at the Superior Court of Los Angeles County.
The roots of this case trace back to September 2016 when Young filed an amended complaint alleging eight employment-related causes of action. These included retaliation under the California Fair Employment and Housing Act (FEHA) and Labor Code section 1102.5. The trial court initially sustained the County’s demurrer to several causes without leave to amend and granted summary adjudication for others. However, upon appeal, it was directed that new orders be entered overruling the demurrer concerning FEHA retaliation while sustaining it otherwise, and denying summary adjudication regarding Labor Code section 1102.5 retaliation.
Following a jury trial in October 2022, Young emerged victorious with a special verdict awarding her $3.5 million in damages for her retaliation claims. On January 30, 2028, she sought attorney fees amounting to $3,745,086.25 based on over seven years of litigation work by her legal team led by Angel Horacek and Barbara DuVan-Clarke. Her motion justified this request by highlighting the lengthy litigation period, contingent fee basis which involved risk and delayed payment, and public importance of the case.
The County opposed this motion vehemently arguing that the requested fees were excessive and unreasonable. They pointed out inefficiencies such as duplicative billing where both attorneys attended depositions unnecessarily and inflated hours including one instance where Horacek billed 26.4 hours for a single day’s work. They also contested the high hourly rates proposed by Young's attorneys suggesting more reasonable rates based on federal matrices adjusted for local pay scales.
Despite these contentions from both sides during a hearing held on March 22, 2023, Judge Jon R. Takasugi awarded $1,054,494 as reasonable attorney fees after adjusting hourly rates to $600 for Horacek’s work and $550 for DuVan-Clarke’s work while reducing overstated hours by both attorneys. The court found no justification for applying a multiplier as requested by Young citing that factors like skill displayed and contingency nature were already captured within the lodestar amount calculated.
Young argued that her case was not routine given its procedural history involving multiple motions including appeals which she won; however Judge Takasugi maintained his stance stating that although her attorneys did a phenomenal job their billing rates did not align with typical employment litigation fee scales.
Ultimately Judge Takasugi's decision reflected careful consideration balancing between compensating attorneys fairly while ensuring taxpayers’ money was judiciously spent since any awarded amount would ultimately fall upon them due to DPSS being part of public service sector funded through taxes.
Representing Young were attorneys Angel James Horacek along with Barbara Duvan-Clarke from Law Offices of Angel J Horacek; Norman Pine & Scott Tillett from Pine Tillett Pine also joined forces advocating on behalf of plaintiff-appellant throughout this prolonged legal saga whereas David S Miller represented defendants-respondents under Martin & Martin law firm banner defending county interests vigorously till end.