Cases: Private Attorney General (CCP 1021.5)

Second District, Division 6 Upholds Fee Denial Under CCP Section 1021.5.      Under our category “Private Attorney General Statute,” we have examined the requirements—more stringent than one might assume—for awarding prevailing litigants attorney’s fees under California’s private attorney general statute (Code of Civil Procedure section 1021.5). There are many elements to satisfy, including establishment that […]

  Reduced Fees Sustained in Glenn County Veterans Council Opinion.      In our February 6, 2009 post, we reviewed Glenn County Veterans Council, Inc. v. County of Glenn, a Third District unpublished decision in which a trial court’s fee award of $20,000 (out of a requested $112,875) to a veterans group under Code of Civil

Veterans Group’s Failure to Provide Adequate Appellate Record Left Intact Lodestar Reduction by Trial Court.      The opening sentence of the next case, involving a reduced fee award under Code of Civil Procedure section 1021.5, certainly caught our attention: “This is a skirmish over attorney fees after the parties settled the underlying case.”     

Unanimous Court in Vasquez v. State of California Adopts A More Flexible Rule and Equitable Consideration of This Factor in the Noncatalyst 1021.5 Context.      In our category "Cases Under Review," we noted that the California Supreme Court had accepted review of Vasquez v. State of California, which presented the issue of whether plaintiff, in