End Result: $10,400 In Sanctions to Petitioner.
In Riverside Sheriffs’ Assn. v. County of Riverside, Case No. E054180 (4th Dist., Div. 2 Nov. 26, 2013) (unpublished), the lower court earlier had found that Riverside County violated a salary ordinance relating to temporary employee hiring, with the Sheriffs’ Association obtaining a writ which directed compliance with the salary ordinance. Association then sought private attorney general fees under CCP § 1021.5, a request which was denied. The lower court awarded Association $10,400 in costs-of-proof sanctions based on County’s denial of a request for admission under CCP § 2033.420, while denying County’s request for similar sanctions for a certain RFA denial by Association.
All of these determinations were affirmed on review.
Private attorney general fees were properly denied to Association because (1) it was not really successful–it only obtained a “paper victory” requiring the County to obtain board of supervisor prior approval for temporary workers being hired who work over 1,000 hours, with the salary ordinance specifying no sanction or remedy for noncompliance, and (2) the Association was motivated by its own pecuniary interest, given that it sought to increase revenues by requiring County to be more circumspect in hiring temporary workers.
On the RFA costs-of-proof issues, Association was entitled to sanctions because County backtracked on a prior admission in an administrative proceeding about violating the salary ordinance (requiring Association to prove otherwise) and Association’s denial of one RFA was found to be legally tenable under the circumstances.