Lawyers for former KUSI-TV anchor Sandra Maas wanted $4 million for their four years of work ending in their March trial victory in the pay-equity case.
But after an “extremely detailed analysis” of the charges, Judge Ronald Frazier said McKinnon Broadcasting Co., owner of the conservative station, must pay $2.45 million, including legal and trial costs.
Maas herself won a jury judgment of $1.75 million — which has yet to be paid despite $1,000-a-day interest (about $64,000 so far). So between Maas and her legal team, KUSI owes $4.22 million.
KUSI and its lead attorney didn’t immediately respond to questions including whether they plan to appeal the order on fees and costs — after earlier vowing to appeal the jury verdict.
On Thursday, 10 days after a Superior Court hearing, Frazier issued a 5-page order detailing what attorney fees and legal costs he’d allow and which he wouldn’t.
Josh Gruenberg, one of Maas’ attorneys, took a “you-can’t-win-’em-all” stance toward the result.
In a phone interview, he said his attitude was: “There’s no harm in asking.”
Gruenberg wanted Frazier to apply a 1.45 “multiplier” of his law firm’s $2.7 million original charge for 4,088 hours of work since 2019.
Frazier said no.
He said the Maas team’s rates already “take into account the risk and delay in payment.” And he was “not persuaded” a multiplier was merited.
But Frazier said: “After reviewing the moving, opposing and reply points and authorities and all declarations submitted, the Court finds the rates charged by other counsel in employment actions are commensurate with those awarded to plaintiff’s counsel in this matter.”
Going through line items with a fine-tooth comb, Frazier disallowed $81,000 of $151,000 in other costs.
The judge allowed the Maas attorneys to pass along about $69,600 for such things as deposition costs ($42,000), exhibit costs ($4,300) and deposition video editing ($15,000).
Among other things, Frazier disallowed opening argument and witness preparation costs ($11,550), parking fees ($123), Uber/Lyft fares ($247.11) and trial lunch bills ($848.05).
The judge also denied a $2,915 “news exposure” cost, which Gruenberg described as a payment to a New York expert in punitive damages “who was going to be prepared to testify about the value of the station.”
That expert never was called, since punitive damages weren’t awarded.
McKinnon Broadcasting Co. is in the process of selling KUSI to Texas-based Nexstar Media Group for $35 million, and Gruenberg is concerned about his bill falling through the cracks.
So Judge Frazier has scheduled a so-called Judgment Debtor Exam for Sept. 29, “where we will question [the] McKinnons about the location of their assets,” Gruenberg said.
“I would expect [KUSI] to pay, but you have to understand, I don’t know what’s going on with them because they may be getting bad legal advice,” Gruenberg said. “They may not be listening to good legal advice. They may be planning to appeal.”
Gruenberg isn’t much worried, however.
“I do not consider this case to be risky for us,” he said. “I don’t consider an appeal to be risky for us.”
Gruenberg says if KUSI appeals in the case — with notice due by Sept. 5 — he’ll hire a lawyer expert in appellate matters.
“In my opinion, that will end up costing them — not only the money that they have to spend on their appellate lawyers, but they’ll end up paying our appellate fees and, on top of that, the interest,” he said.
“If they’re planning on playing games with the sale of the business, you know, we’ve anticipated that and we’ve hired a collection lawyer.”
He said of KUSI: “Technically they’re debtors at this point — they owe us money.”