Cases: Private Attorney General (CCP 1021.5)

Private Attorney General Statute: Trial Court Properly Awarded Plaintiffs $336,350 In Fees Rather Than Requested $1.49 Million (And Correctly Denied 2.0 Multiplier)

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

First District, Division 5 Determines Trial Court Properly Applied Serrano III Factors.      Even under fee-shifting, public interest statutes, our California Supreme Court in Serrano v. Priest, 20 Cal.3d 255, 49 (1977) (Serrano III) mandated that multiple factors be used to increase or decrease a lodestar figure requested by victorious litigants. In the next case […]

Private Attorney General Statute: Lodestar Fee Award Affirmed, But Multiplier Determination Remanded For Further Consideration

Cases: Lodestar, Cases: Private Attorney General (CCP 1021.5)

First District, Division 1 Suggests Trial Courts Should Explain Multiplier Determinations With Some Specificity.       For all of you attorneys practicing in areas that may trigger application of the private attorney general statute (Code of Civil Procedure section 1021.5), the next case will be of great interest. Not only does it highlight some discrepancies in

Class Actions: Plaintiff’s Amicus Curiae Work In Related Action Was Proper Basis For Additional Fee Award

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

Sixth District Also Finds No Abuse In Fee Award In Previous Action Under Private Attorney General Statute.      The next case involves the extent to which successful attorneys in a plaintiff’s class action should be awarded fees for amicus curiae work in another action that dealt with the same issues and eventually led to a

Attorney’s Fees In the News … Citizens Reap Public Interest Award, While Homeowner May Have To Pay FEHA Department Fees

Cases: Private Attorney General (CCP 1021.5), Cases: SLAPP, Off Topics

Citizens Group Awarded Over $175,000 in Fees For Successful Attack of Santa Barbara Proposed Housing Project.      Citizens Planning Association (CPA) were awarded over $175,000 in attorney’s fees ($117,228 lodestar, based on four attorneys charging $350 an hour, plus a $60,000 multiplier add-on) for successfully attacking the City of Santa Barbara’s environmental analysis of the

Private Attorney General Statute: CEQA Petitioner Denied Fee Award Because Cost Of Litigation Did Not Transcend Personal Stake In Litigation

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

CCP Section 1021.5: $571,237.75 Fee Award Reversed And Remanded Because Trial Court Applied Improper “Out Of Proportion” And “Weighing” Tests

Cases: POOF!, Cases: Private Attorney General (CCP 1021.5)

Fifth District Remands to Have Fee Award Decided Under the Proper Legal Standard.      This is probably a semi-POOF! (POO) post, but we would surmise that winning CEQA challenger will get still get significant fees on remand.      In Madera Irrigation Dist. v. Madera County Bd. of Supervisors (Freels), Case No. F054218 (5th Dist. Mar.

Private Attorney General Statute: Northern California District Judge Awards CCP Section 1021.5 Fees Of $1,423,127 To Plaintiffs Recovering $153,150 Against Taser Manufacturer

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

Judge Refuses to Apply a Multiplier and Denies Costs to Successful City in Same Lawsuit.      Robert C. Heston, Jr. died after Tasers were deployed against him by Salinas police officers, death resulting in the aftermath of cardiac arrest. His mother/father and estate executor sued Salinas, the individual police officers, and TASER International (the manufacturer

Private Attorney General Statute: Veterans Group Receives $20,000 Out Of Requested $112,875 In Fees

Cases: Private Attorney General (CCP 1021.5)

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.”     

Private Attorney General Statute: Appellate Court Affirms Trial Court Award Of $43,410.20 To Winning Plaintiff

Cases: Lodestar, Cases: Private Attorney General (CCP 1021.5)

First District, Division 4 Rejects Plaintiff’s Bid To Capture Full $272,581.10 in Fees That Were Incurred, Applying a Negative Multipler Instead.      Plaintiff Tanzel won a facial constitutional attack and preemption challenge to a Richmond ordinance authorizing the city to seize and forfeit vehicles used to solicit prostitution or to buy drugs. In a prior

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