In the recently published case of Villanueva v. City of Colton a California Superior Court judge awarded summary judgment against the plaintiff’s discrimination claims, which was then upheld on appeal. The court also required Villanueva to pay the $40,000 in attorneys’ fees and costs incurred by the City. In requesting the payment of fees and costs, the City asked the court to find that the Villanueva suit was “not brought and maintained with objectionable reasonable cause,” and that it was “unreasonable, frivolous, merit-less, groundless, and vexatious.” Of course Villanueva argued that his lawsuit was brought in good faith and that he would not be able to pay the fees.
Lesson learned: At times it makes sense to vigorously oppose a frivolous claim — especially where there’s the possibility of obtaining attorneys’ fees against the claimant.
