A former West Covina fire chief who was awarded $4.1 million by a jury earlier this year in his disability discrimination suit against the city was granted nearly $1 million in attorneys’ fees Monday.
On May 5, the Los Angeles Superior Court panel found that ex-Fire Chief Larry Whithorn was the victim of disability retaliation, whistleblower retaliation and intentional infliction of emotional distress. Trial testimony revealed that the West Covina Firefighters Association, through its then-president Matthew Jackson, allegedly engaged in various tactics to leverage a better union contract for the city’s firefighters, which included targeting Whithorn immediately after his medical leave with a no-confidence vote.
On Monday, Judge Maurice A. Leiter awarded Whithorn $988,000 in attorneys’ fees. Whithorn’s lawyers had sought $1.97 million.
“Employment actions typically present complex facts and contingent risk; this case was not unusually complex and did not involve unusual risk,” the judge wrote. “The risks and complexities here do not warrant a doubling of fees.”
In their court papers, attorneys for the city argued that the fees request should be “significantly reduced to reflect the reasonable hourly rates for attorneys of similar skill and experience.”
The Whithorn trial also included testimony from City Councilman Tony Wu, who was endorsed by the union and alleged to have called for Whithorn’s termination as an “absentee chief.” Then-City Manager David Carmany was also called to the stand. Carmany resigned in May, citing personal reasons.