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Vines v. O’Reilly Auto Enterprises, LLC (CA2/7 B301000 1/21/22) FEHA/Attorney Fees 

OReilly AutoRenee Vines sued his former employer O’Reilly Auto Enterprises, LLC for violations of the Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.), alleging race- and age-based discrimination, harassment and retaliation-related claims.  After a jury found in his favor and awarded damages on his claims for retaliation and failure to prevent retaliation, Vines moved for an award of $809,681.25 in attorney fees.  The trial court awarded only $129,540.44 in fees, based in part on its determination the unsuccessful discrimination and harassment claims were not sufficiently related or factually intertwined with the successful retaliation claims.  On appeal Vines contends that determination was based on a legal error and the court thus abused its discretion in reducing the fee award.  We agree, reverse the postjudgment fee order and remand for the court to recalculate Vines’s fee award.