Fourth District, Division 1 Gives Domino Effect to Reversal.
POOF! again strikes.
City of San Diego obtained a partial reversal of a summary judgment in favor of a plaintiff who had also been awarded postjudgment fees of $245,130 under Government Code section 996.4, which pertains to a public employee’s right to reimbursement of defense costs incurred in litigation arising from the performance of his/her job duties.
In City of San Diego v. Means, Case No. D052499 (4th Dist., Div. 1 Mar. 12, 2009) (unpublished), both sides raised very interesting argument as to why the fees should or should not have been awarded—a virtual primer for any practitioners needing to make arguments about
Government Code section 996.4’s reach (and construction of one of its exceptions in section 995.4(a)). However, the appellate panel concluded that the reversal of the judgment meant the matter was not yet “final, final”—after all, the complicated issues raised on the fee award “may settle or otherwise be resolved without the parties’ further resort to his court.” Although plaintiff could renew the defense costs reimbursement request after the remaining counts were resolved upon remand, the Court of Appeal dodged having to resolve the complicated issues. POOF! (for the time being).