SAN FRANCISCO Defendants who prevail in disability access suits under California law are entitled to attorney’s fees, the California Supreme Court ruled unanimously Monday.
The plaintiff, Les Jankey, had argued that a state law requiring a fee award to a “prevailing party” was preempted by the federal Americans With Disabilities Act, under which fee-shifting is harder to get. But the justices disagreed and affirmed the First District Court of Appeal’s ruling and the $118,000 defense attorney’s fee award made by San Francisco Superior Court Judge Patrick Mahoney.
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