A former West Covina fire chief who was awarded $4.1 million by a jury earlier in 2023 in his disability discrimination suit against the city – then later that year granted nearly another $1 million in trial attorneys’ fees — has now been awarded yet another nearly $360,000 in post-appeal attorneys’ fees.
In May 2023, a 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.
In December 2023, Judge Maurice A. Leiter awarded Whithorn $988,000 in trial attorneys’ fees. Whithorn’s lawyers had sought $1.97 million. After the city appealed the verdict and lost, Whithorn’s attorneys asked for just under $895,000 in post-appeal attorneys’ fees. But on Monday, Leiter instead granted a reduced amount of $357,875, declining to award a multiplier requested by the plaintiff’s attorneys, who cited the difficulty and complexity of the case.
“Though this action was heavily litigated, the court does not find a multiplier appropriate,” the judge wrote.
In their court papers, attorneys for the city agreed Whithorn was entitled to attorneys’ fees, but said they should be limited to about $257,000.
The Whithorn trial also included testimony from City Councilman Tony Wu, who was endorsed by the union and was 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 2023, citing personal reasons.
In their court papers, Whithorn’s lawyers stated that the $4.1 million verdict was “at least a factor influencing” Carmany’s decision to quit.