Neither Private Attorney General Statute Nor Government Code § 800 Warranted Fees.
Today’s Fresh Start, Inc. v. L.A. County Office of Education, Case Nos. B212966/B214470 (2d Dist., Div. 1 July 12, 2011) (certified for publication) reversed a charter school’s revocation decision win below against L.A. County. As a result, the lower court’s denial of charter school’s fee request was affirmed, because it could not be deemed the “successful party” under California’s private attorney general statute (Code Civ. Proc., § 1021.5) and it did not show that the lower court proceeding was arbitrary or capricious so as to trigger a “prevailing party” determination under Government Code section 800(a).