Private Attorney General: Fee Recovery Denial Based On Financial Stake Prong Of CCP § 1021.5 Sustained On Appeal

 

     Aegis Medical Systems, Inc. v. Zitto, Case No. A134907 (1st Dist., Div. 5 Jan. 28, 2013) (unpublished) was not a hard one to decide at either or the appellate court level, apparently. Although plaintiff did prevail on a drug treatment “underground regulation” issue, the problem was that plaintiff had a huge financial incentive to challenge it with respect to $4.5 million contracts with certain counties. Given this financial incentive, no abuse of discretion to deny private attorney general fees to the prevailing party, which sought over $243,000 plus a 1.5 multiplier.

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