Young v. State Water Resources Control Bd., Case No. C068559 (3d Dist. Sept. 4, 2013) (published)
Customers of water distribution company won mandamus on a water diversion jurisdictional issue and the Water Board conceded their ability to participate in administrative proceedings, which triggered a lower court award of fees to customers under the private attorney statute. However, the appellate court reversed the jurisdictional issue win, which meant the fee award also went away. With respect customers’ argument that the due process win gave entitlement to fees, the appellate court disagreed: the Water Board never contested their rights to participate in administrative proceedings, with this “victory” being for their personal interests and not a matter of ongoing public interest.
Perez v. Kouretas, Case No. C068234 (3d Dist. Sept. 4, 2013) (unpublished)
An award of attorney’s fees against plaintiff went POOF! when the appellate court reversed a SLAPP grant after finding the gravamen of plaintiff’s claim involved misconduct rather than protected communications. Not only that, the appellate court directed the lower court to consider whether plaintiff was entitled to both trial and appellate fees upon any determination that the defense motion was frivolous/baseless in nature.