Cases: Private Attorney General (CCP 1021.5)

Private Attorney General: Whitley’s Nonpecuniary Interest Analysis Applies As Well In Public Enforcement Actions Where Municipal Entity Is CEQA Winner

Cases: Private Attorney General (CCP 1021.5)

  Whitley Not Limited to Private Enforcement Actions.      City of Maywood v. L.A. Unified School Dist., Case Nos. B233739/B236408 (2d Dist., Div. 7 July 18, 2012) (partially published; fee discussion published) involved a municipality which won a CEQA writ proceeding challenging a final environmental impact report relating to a high school project, notwithstanding that

Private Attorney General: Corporate Entity Advancing The State Of The Law, But Trying To Avoid Liability For Past Actions, Did Not Serve Public Interest

Cases: Private Attorney General (CCP 1021.5)

  Fee Recovery Not Allowable Under Adoption of Joshua S.      Adoption of Joshua S., 42 Cal.4th 945, 949, 956 (2008) established an additional restriction on the scope of California’s private attorney general statute (Code of Civil Procedure section 1021.5): fees cannot be awarded against someone who has not adversely affected the rights of the

Private Attorney General/Reasonableness Of Fees: $382,189.73 Fee Award To CEQA Winners, Including Attorney Who Represented Herself, Was Proper Under CCP § 1021.5 Because Trope Prohibition Did Not Apply

Cases: Private Attorney General (CCP 1021.5), Cases: Reasonableness of Fees

  $300/Hour Is Reasonable Rate for Sonoma Practitioners.      Healdsburg Citizens For Sustainable Solutions v. City of Healdsburg, Case No. A130374 (1st Dist., Div. 4 June 4, 2012) (certified for partial publication; 1021.5 Trope fee discussion published and rest unpublished) involved the City’s appeal of $382,189.73 in fees awarded to CEQA winners, including an attorney

Private Attorney General: Hospital Psychiatrist Technician Beating A Medical Demotion In Administrative Decision Affirmed In Unpublished Decision Not Entitled To CCP § 1021.5 Fee Recovery

Cases: Private Attorney General (CCP 1021.5)

  Her Financial Stake and Lack of Benefit to a Large Class Were Reasons Why.      Hospital psychiatrist technician, who won an administrative reversal of a medical demotion, also won an appeal in an unpublished decision upon a review requested by the Department of Medical Health. She then sought fees and costs totaling $75,000, even

Costs/Private Attorney General: Nonprofit Organization Losing 5 Of 6 Issues Not Entitled To CCP § 1021.5 Fee Recovery For CEQA Reconsideration That Did Not Change Project

Cases: Costs, Cases: Paralegal Time, Cases: Private Attorney General (CCP 1021.5)

  Public Hearings Remand Was a Limited One, At Best; Attorney/Paralegal Work Stricken From Cost Award In County’s Favor.      A nonprofit organization out to save blue oak woodlands from the consequences of a development appealed a denial of a requested fee recovery under CCP § 1021.5 after they won a limited public hearings remand

Private Attorney General/Insurance/Requests For Admissions: Insured Prevailing In Auto Insurer Action Properly Denied Fees Where No Large Class Of People Benefited And Plaintiff Failed To Allocate Fees Between Policy Benefit Work/Work Incurred In Proving

Cases: Insurance, Cases: Private Attorney General (CCP 1021.5), Cases: Requests for Admission, Cases: Tort of Another

  Lack of Allocation Was Fatal for Brandt and RFA Issues.      Insured prevailed in a suit against auto insurer for making repairs rather than declaring the car a total loss. However, insured was denied requested fees of $500,000 ($250,000 plus a 2 multiplier) even though claiming them under one of three theories: (1) California’s

Allocation/Class Actions/Common Fund/Private Attorney General/Paralegal Time: Court Of Appeal Finds Plaintiffs/Defendant Allocation Of Attorney’s Fees In Common Fund Case Was Fair, But Reverses Refusal To Award For Certain Attorney/Paralegal Time

Cases: Class Actions, Cases: Common Fund, Cases: Paralegal Time, Cases: Private Attorney General (CCP 1021.5)

  Remand to Determine What Portion of Attorney and Paralegal Time Was “Administrative” in Nature.      Collins v. City of Los Angeles, Case No. B228882 (2d Dist., Div. 3 Apr. 20, 2012) (certified for publication) is a class action case where two class representatives on behalf of a class obtained a judgment-based common fund recovery

Private Attorney General: City Of El Cajon Properly Denied Attorney’s Fees Against Other Governmental Entities In Successful Annexation Action

Cases: Private Attorney General (CCP 1021.5)

  However, No Significant Benefit of Statewide or Countywide Concern Was Vetted In Win.      Our local Santa Ana appellate court, in City of El Cajon v. County of San Diego Local Agency Formation Com., Case No. G045021 (4th Dist., Div. 3 Mar. 28, 2012) (unpublished), affirmed a lower court’s refusal to award attorney’s fees

Private Attorney General: Medical Marijuana Patient Winning Published Writ Proceeding Entitled To Fee Recovery Against Butte County

Cases: Private Attorney General (CCP 1021.5)

  We Figure That $150,000 Fee Award Was Affirmed On Appeal.      In Williams v. Butte County, Case No. C066234 (3d Dist. Feb. 8, 2012) (unpublished), plaintiff–a qualified medical marijuana patient–formed a collective of medical marijuana patients but had to destroy a lot of plants when a sheriff ordered them to do so without a

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