Cases: Private Attorney General (CCP 1021.5)

Section 1021.5 Was Satisfied Based On Abuse Of Discretion Deferential Review Standard.             CCP § 1021.5, California’s private attorney general statute, has several elements which must be satisfied.  On appeal from a fee award or fee denial, the issues present sometimes purely legal, mixed legal/factual issues, or purely factual issues for review purposes.  Which category […]

$281,577 Paid For Public Work Contractor Appeal Work Did Not Begin To Match Potential Fallout If Things Went Differently.            Roy Allan Slurry Seal, Inc. v. American Asphalt South, Inc., Case No. B291036 (2d Dist., Div. 8 May 22, 2019) (unpublished) is an interesting example of how the financial interest prong of CCP §1021.5, the

City’s Challenges For Reversal Were Unsuccessful Under Abuse Of Discretion Review.            In City of Bakersfield v. West Park Home Owners Assn. & Friends. Case No. G075834 (5th Dist. April 4, 2019) (unpublished), West Park did achieve partial success in having the lower court find that the use of tax revenues to fund certain road improvement

3/28/19 Unpublished Decision Now Published—B&B Challenging Petitioner Did Prevail For Costs And CP § 1021.5 Fee Denial Was Remanded.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 March 28, 2019), which was unpublished at the time.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

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 San Antonio Community College Dist., Case No. B287619 (2d Dist., Div. 5 March 15, 2019) (unpublished) is a situation where City petitioned to stop work on a solar energy general facility