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Moreno v. County of San Joaquin2/4/2002
County informed Moreno his termination was a result of his various incidents of misconduct, and he participated in arbitration regarding his termination based on these three incidents of misconduct.
Reasonable cause is determined objectively on the basis of the facts known to the plaintiff when he filed or maintained the action. (Carroll v. State of California (1990) 217 Cal.App.3d 134, 141.) Once the court determines what the plaintiff knew or found undisputed, the court must then determine whether any reasonable attorney would have thought the claim tenable. (Ibid.) Because the opinion of the hypothetical reasonable attorney is to be determined as a matter of law, reasonable cause is subject to de novo review on appeal. (Knight v. City of Capitola, supra, 4 Cal.App.4th at p. 932.)
There is no substantial evidence Moreno was terminated for any reason other than misconduct. Again, none of Moreno's five factual allegations demonstrates he had reasonable cause to bring this action. Abstract hope is also not a reasonable belief. (Knight v. City of Capitola, supra, 4 Cal.App.4th at p. 933.)
The County is also entitled to recover its reasonable attorney fees from Moreno under Government Code section 12965, subdivision (b), which permits actions after issuance of a right-to-sue notice. This section states, in pertinent part: "In actions brought under this section, the court, in its discretion may award to the prevailing party reasonable attorney's fees and costs, including expert witness fees, except where the action is filed by a public agency or a public official acting in an official capacity." A prevailing defendant must show the plaintiff's claims were frivolous, unreasonable, or without foundation to recover attorney fees. (Christiansburg Garment Co. v. EEOC (1978) 434 U.S. 412, 421 [54 L.Ed.2d 648, 656]; Bond v. Pulsar Video Productions (1996) 50 Cal.App.4th 918, 921-922.)
The evidence establishes the County terminated Moreno for good cause. Moreno was well informed of the incidents of misconduct leading to his termination. He was terminated after a detailed investigation into his misconduct, involving objective psychological examinations and meetings with County officials. Moreno was also given a full hearing regarding the County's decision based on these incidents of misconduct. Through these procedures, Moreno knew well in advance of filing a lawsuit the reasons for his termination. The facts set forth by Moreno to support his claims provide no basis for a reasonable person to conclude he was a victim of unlawful discrimination. Moreno either knew or should have known his litigation was unreasonable and without foundation.
DISPOSITION
The judgment and the order awarding attorney fees and costs are affirmed. The County is awarded its costs on appeal.
We concur:
DAVIS, Acting P.J.
KOLKEY, J.
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