Mariano v. United Parcel Service, Inc. CA4/1
Joseph Mariano appeals from a postjudgment order awarding United Parcel Service, Inc. (UPS) $52,870.50 in attorney fees incurred defending against Mariano's claims for disability discrimination, harassment, and retaliation under the California Fair Employment and Housing Act (FEHA; Gov. Code, § 12900 et seq.). Mariano contends we must reverse the order because the trial court erred in finding his FEHA disability claims were objectively without foundation when brought. Alternatively, he contends we must reverse and remand the order for further consideration because the court did not properly apportion the requested fees to either (1) those incurred after the dismissal of his nonfrivolous FEHA age discrimination claim, which he estimates to be no more than $26,094; or (2) those incurred solely in defense of the FEHA disability claims, which he estimates to be no more than $2,500.
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