Gordon & Rees Team Secures Dismissal of Appeal in Retaliation Matter

March 2023

Gordon Rees Scully Mansukhani partners Robyn LeonardDon Willenburg and Mark Posard prevailed on a motion to dismiss an appeal brought by a plaintiff who had alleged retaliation under the Fair Employment and Housing Act (“FEHA”).

After the case was dismissed at the Superior Court level, the Gordon & Rees team moved for and was awarded attorney fees. The plaintiff sought to appeal the award of attorney fees, as well as an order striking the plaintiff’s statement of disqualification of the Superior Court judge under C.C.P. § 170.3, and two discovery orders that included awards of monetary sanctions to defendants. 

The Gordon & Rees team defeated the plaintiff’s appeal by arguing that the discovery orders and the order striking the statement of disqualification are not appealable, and that the appeal of attorney fees was untimely. The California Court of Appeal agreed, and dismissed the appeal in its entirety.