3/28/19 Unpublished Decision Now Published—B&B Challenging Petitioner Did Prevail For Costs And CP § 1021.5 Fee Denial Was Remanded. In a March 29, 2019 post, we discussed Friends of Spring Street v. City of Nevada, Case No. C086563 (3d Dist. March 28, 2019), which was unpublished at the time. We can now report that the […]
Successful Party And Significant Benefit Prongs Met, But Remanded To See If Financial Burden Element Met Under Section 1021.5. The Third District in Friends of Spring Street v. Nevada City, Case No. C086563 (3d Dist. March 28, 2019) (unpublished) had found in an earlier appeal that petitioners had properly challenged real parties’ ability to
No Abuse Of Discretion Shown, With No Binding Requirement To Allocate Or Reduce For Some Lack Of Success. City of Walnut v. Mt. San Antonio Community College Dist., Case No. B287619 (2d Dist., Div. 5 March 15, 2019) (unpublished) is a situation where City petitioned to stop work on a solar energy general facility
60% Total Positive Multiplier And Lodestar Awards Were No Abuse Of Discretion. California’s Political Reform Act, codified at Government Code sections 81000 et seq., prohibits a public employee from influencing a governmental decision in which he/she has a financial interest. There are liability provisions which allow a prosecutor or taxpayer to challenge the particular
Plaintiff’s Failure To Object To The Project Before The City Council Approved It Meant Plaintiff Lacked Standing To Challenge The City’s Project Approval In Court In Turn Down the Lights v. City of Monterey, Case Nos. H044656/H045556 (6th Dist., February 28, 2019) (unpublished), Plaintiff petitioned for a writ of mandate on City’s determination that
Plaintiffs Prevailed At Trial On Their California Labor Code Section 1102.5 Claims, But Failed To Pursue Their PAGA Section 2699 Claim, Thereby Sealing Their Fate For PAGA-Related Fees and Costs In order to prevail on a PAGA-related fees and costs motion, a plaintiff first has to pursue a PAGA claim and prevail. In
Hourly Rates Were Too High For Sacramento Venue, Laffey Matrix Could Be Used, And Hours Property Reduced For Inflated Request. In Limon v. Dept. of Finance, Case No. C082501 (3d Dist. Feb. 11, 2019) (unpublished), as it often times does, the likely final fight involved the award of appellate fees to prevailing plaintiffs in
There Was No Ruling To Be Appealed From. In Kottler v. City of Los Angeles, Case No. B278276 (2d Dist., Div. 1 February 4, 2019) (unpublished), next door neighbors successfully obtained mandamus over a zoning adjustment made in favor of another neighbor. Petitioners submitted a proposed judgment indicating that they were entitled to fees
Public Benefit Was Clear When CEQA Policies Were Vindicated. In Oakdale Groundwater Alliance v. Oakdale Irrig. Dist., Case No. F077281 (5th Dist. Jan. 31, 2019) (unpublished), CEQA plaintiffs obtained mandamus requiring that District prepare a full-blown environmental impact report (EIR), rather than just a negative declaration, and prepare a better study on the environmental
$588,000 Fee Request Gets A Second Study, Based On Whitley And Other Factors. In City of Oakland v. Oakland Police and Fire Retirement System, Case No. A144653 (1st Dist., Div. 4 Nov. 29, 2018) (published), intervenors sought to recover $588,000 in attorney’s fees under the private attorney general statute (CCP § 1021.5) and the
