OAKLAND — In a tentative ruling issued Thursday, Alameda County Superior Court Judge Paul D. Herbert issued Elaine Brown and her attorney approximately $1 million in attorney fees and costs related to her lawsuit against Oakland Councilwoman Desley Brooks.
Herbert awarded the former Black Panther leader $979,543 in attorney fees and $39,981 in costs. The ruling comes days after the city filed a motion for a new trial.
After a trial in December, an Alameda County jury awarded Brown $3.75 million in a civil lawsuit she filed against the city of Oakland and Brooks, alleging Brooks injured her during an assault in October 2015 at Everett and Jones Barbeque. The jury found Brown was the victim of elder abuse and battery at the hands of Brooks’ whose shove allegedly cause Brown to fall inside the restaurant.
In January, the same jury found that Brooks must personally pay $550,000 in punitive damages to Brown, and two jurors described Brooks as a “bully” outside of court. Brown’s attorney, Charles Bonner, said the judge’s ruling is another indication that the city should have settled the case and should not seek a new trial.
Herbert, who in his ruling denied some of the fees Brown sought, applied a 10 percent multiplier to the attorney fees, raising the amount up from $890,493.
“It’s a very fair, balanced and judicious ruling, telegraphing to the city of Oakland that they really should have settled this case because there’s no basis for this case to go on appeal and continue to incur expenses,” Bonner said Thursday afternoon. “When the judge gave us a 10 percent multiplier … I think that was a message.”
It is time for closure on this case,” Bonner said. Bonner said the city had the option of contesting the ruling but did not by a deadline of 4 p.m. Thursday. The attorney would not discuss who would receive the money, citing attorney-client privilege but said the city’s insurance should cover the sum.
City Attorney Barbara Parker could not be reached Thursday after City Hall closed. On March 16, court records show the city filed a motion for a new trial which appears to be scheduled for April.
Brooks declined to comment.