Cases: Private Attorney General (CCP 1021.5)

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of El Cajon v. County of San Diego Local Agency Formation Com., Case No. G045021 (4th Dist., Div. 3 Mar. 28, 2012) (unpublished), affirmed a lower court’s refusal to award attorney’s fees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

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,

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