Perspective
Dec. 28, 2012
Welcome to the cafeteria of Jankey v. Lee
The court's conclusion regarding the prevailing party's right to recover fees under state law is very straightforward. By Gerald Knapton and Kim Karelis
In Jankey v. Lee, 2012 DJDAR 16809, a unanimous California Supreme Court concluded that the plain language of Civil Code Section 55 makes an award of legal fees to the "prevailing party" mandatory, holding that the Americans With Disabilities Act does not preempt this part of the state's law on disability access suits because at least a part of the state law provides greater protection than does...
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