Case Found That Plaintiffs Could Not Meet The Successful Parties Element, Even Under A Catalyst Theory.
In Physicians for Social Responsibility – L.A. v. Dept. of Toxic Substances Control, Case No. C100487 (3d Dist. Mar. 4, 2026) (published), the appellate court affirmed a denial of private attorney general fees, under a catalyst theory, where the defendant voluntarily provided relief but only after plaintiffs lost a prior merits determination. “[W]e are unwilling to extend the catalyst theory here wherein the relief sought in the underlying litigation was voluntarily provided only after the merits of the claims had been fully litigated to a final judgment against appellants.” (Slip Op., p. 8.)