Cases: Private Attorney General (CCP 1021.5)

Plaintiffs/Intervenors Obtain Reversal Of Lower Court’s Fee Denial As A Matter Of Law.            The 1/4 DCA, in Epstein v. Schwarzenegger, Case Nos. A147092/A147366 (1st Dist., Div. 4 May 10, 2018) (unpublished), recently issued an opinion in an interesting case on a publicized event which constitutes must reading for practitioners prosecuting or defending fee requests under […]

$974,137.50 Fee Award Affirmed By 2/2 DCA.             La Mirada Ave. Neighborhood Assn. of Hollywood v. City of Los Angeles (Target Corp.), Case No. B282137 (2d Dist., Div. 2 May 3, 2018) (partially published) involved a situation where two public interest nonprofit plaintiffs challenged L.A.’s granting of eight variances so that a Target big box

$149,500 Was The Amount Of The Fee Award Affirmed On Appeal.             Although not formally intervening in a securities fraud action brought by the Commissioner of the Department of Business Oversight (DBO) against a real estate investment company and its promoters, respondents on appeal made a special appearance and obtained relief by which their individual

Successful Result Only Made Sure Proper Findings Made, Not Vindicating Important Public Right Or Impacting Others Beyond Successful Party’s Constituents.             In Newhall School Dist. v. Acton-Agua Dulce Unified School Dist., Case No. B267856 (2d Dist., Div. 3 Apr. 16, 2018) (unpublished), Newhall obtained a partial grant of its writ petition vacating Acton-Agua’s approval of

Plaintiffs Could Not Surmount The Deferential Abuse Of Discretion Standard.             In Belemjian v. Becerra, Case No. F073507 (5th Dist. Mar. 29, 2018) (unpublished), plaintiffs/appellants filed an action challenging the regulatory process undertaken by the Attorney General, DOJ, and others to implement a firearm safety certificate program, although emergency regulations were ultimately adopted so as

Plaintiff, Although Successful, Had Too Much Financial Incentive In Obtaining The Expensive Contract Job Or In Obtaining A Re-Bid Of The Project.             In West Coast Air Conditioning Co., Inc. v. Cal. Dept. of Corrections and Rehabilitation, Case No. D071611 (4th Dist., Div. 1 Feb. 22, 2018) (unpublished), plaintiff wanted to obtain the bid of

Trial Judge, Rather Than Appellate Court, In Best Position To Determine Upon Full Record.             In Save LaFayette v. City of LaFayette, Case No. A149342 (1st Dist., Div. 4 Feb. 21, 2018) (published), the appellate court reversed a denial of appellants’ mandate petition requesting the City to submit their referendum to a public vote.  In