Cases: Private Attorney General (CCP 1021.5)

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of El Cajon v. County of San Diego Local Agency Formation Com., Case No. G045021 (4th Dist., Div. 3 Mar. 28, 2012) (unpublished), affirmed a lower court’s refusal to award attorney’s fees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 Feb. 8, 2012) (unpublished), plaintiff–a qualified medical marijuana patient–formed a collective of medical marijuana patients but had to destroy a lot of plants when a sheriff ordered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

Private Attorney General/Reasonableness Of Fees: Attorneys Representing Public Interests Entitled To Same Compensation As Private Practicing Attorneys In Community

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

  $313,000 Fee Award Affirmed on Appeal.      Nonprofit interests won a mandate proceeding requiring the City of Redondo Beach to put a local coastal progress amendment to a public vote. Plaintiffs then requested an attorney’s fees award of $354,978.12 under California’s private attorney general statute (CCP § 1021.5), which included a .25 multiplier. City

Private Attorney General Statute: Plaintiff Properly Denied Fee Recovery Where Reversal Of Prior Sanctions Award Had No Causal Connection To Subsequent Governmental Action Relating To Church

Cases: Private Attorney General (CCP 1021.5)

  Scholarly Unpublished Decision Shows Several Elements of CCP § 1021.5 Not Met.      This one presented an interesting factual situation in which the Fifth District had no difficulty in affirming a lower court’s denial of fees to a plaintiff under California’s private attorney general statute, CCP § 1021.5.      Sanctuary Merced v. Central Presbyterian

Private Attorney General Statute/Section 998: Fifth District Reverses Fee Denial For Ex-Chowchilla Police Chief Winning Prior Published Decision On POBRA Rights

Cases: Private Attorney General (CCP 1021.5), Cases: Section 998

  Public Interest, Significant Benefit, and Financial Burden Components Are Analyzed in this One; Section 998 Rejected Offer Also Considered.      An ex-Chowchilla police chief (Mr. Robinson) won a Public Safety Officers Procedural Bill of Rights Act (POBRA) claim against the City, with the trial court later awarding $50,140 on a separate contract claim. Previously,

Private Attorney General: Port Of Oakland Engineer’s Reinstatement Via An Administrative Writ Proceeding Vindicated His Personal Interest Only

Cases: Private Attorney General (CCP 1021.5)

  No CCP § 1021.5 Award Was Justified Under the Circumstances.     A Port of Oakland engineer won an administrative writ proceeding by which he was reinstated with back pay in LaGrone v. City of Oakland, Case Nos. A129306/A130030 (1st Dist., Div. 3 Dec. 16, 2011) (unpublished).  However, his request for attorney’s fees under California’s

Private Attorney General Statute: $336,800 In Fees And $8,400 In Costs Appropriately Awarded Against Orange County In Jaramillo Case

Cases: Private Attorney General (CCP 1021.5)

  Blockbilling Did Not Result in Punishment Based On Unique Case Circumstances.      Jaramillo v. County of Orange, Case Nos. G043142/G043813 (4th Dist., Div. 3 Nov. 8, 2011) (certified for publication) is likely the last real publicity upshot from Orange County’s appeal of a $183,689 back pay award to former Orange County Assistant Sheriff George

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