Cases: Private Attorney General (CCP 1021.5)

Private Attorney General Fee Statute: Winning Litigant Can Get Compensation For Prevailing In Prior Administrative Or Ancillary Proceedings

Cases: Private Attorney General (CCP 1021.5)

Fees Awardable if Claimant Can That Collateral Action Was “Related to the Action in Which Fees Are Sought and Useful to Its Resolution.”             We have a category devoted to Code of Civil Procedure section 1021.5, which codifies California’s private attorney general doctrine.  Frequently in these cases, a prevailing plaintiff seeks fees, both for the […]

Plaintiff Losing Trespass Case Against Defendant Landlords Liable For Opposition Attorney’s Fees Under Broadly Worded Lease Clause

Cases: Deadlines, Cases: Fee Clause Interpretation, Cases: Private Attorney General (CCP 1021.5)

Second District, Division Four Determines Landlord Prevailed and Dismisses Other Technical Challenges to Major Portion of Fee Award.             Tenant got caught up in an imbroglio with her Landlords when she moved her business into a residential apartment after the roof of her off-premises store collapsed.  After being served with an eviction

Trial Court Improperly Struck Attorney’s Fees Prayer Where Complaint Demonstrated That Plaintiff Was The Catalyst For A Municipal Change In Position.

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

Complaint Resulting In Governmental Changes Suggested Basis for Fee Award Under CCP section 1021.5.             In our May 21, 2008 post, we explored Camenisch v. Superior Court, 44 Cal.App.4th 1689, 1698 (1996), which cautions against striking attorney’s fees prayer requests at the pleading stage unless a full opportunity for discovery has occurred. 

Can Attorneys Intervene In Certain Cases To Recover Fees When Clients Will Not Allow Them to File A Fee Petition Request?

Cases: Private Attorney General (CCP 1021.5), Cases: Special Fee Shifting Statutes

Answer:  Yes, in FEHA and CCP 1021.5 Situations.             Generally, attorneys must file an independent collection action or enforce a contractual attorney’s lien in order to collect fees from an obstinate client, especially a client that will not allow an attorney to file a fee recovery motion against the non-prevailing side.  (See,

Plaintiff’s Attempted Vindication Of His Own Rights After Employment Termination Did Not Entitle Him To Recoup Fees Under Either The Civil Rights Fee-Shifting Provision Or The Private Attorney General Statute

Cases: Civil Rights, Cases: Private Attorney General (CCP 1021.5), Cases: Standard of Review

Second District, Division Two So Rules in Case Where Ex-Police Officer Did Not Prove a Civil Rights Violation and Never Obtained Reinstatement of His Former Position in the Police Department.             Plaintiff, an ex-police officer in the City of Torrance, was terminated based on a domestic violence incident resulting in his conviction

All Practitioners Take Notice—You Can Still Settle Your Attorney’s Fee Dispute On Appeal … Mooting The Appeal And Letting Everyone Grumble (But Stilling The Fee Wag Toll of the Litigation Dog)

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

Second District, Division Five Dismisses Appeal as Moot Based on Settlement Agreement Reached During Appeal Process.             As we blogs have chronicled for several months, attorney’s fees recoveries can make or break a litigant—unless there is untold wealth backing the litigants in many of these situations.  A prevailing litigant can gain a

Hat Tip to The UCL Practitioner for Providing Links to the Final Approval and Attorneys’ Fees Orders in Ford Explorer Cases

Cases: Private Attorney General (CCP 1021.5)

Class Counsel Awarded Fees of $19,302,316.90 (Inclusive of a 1.21 Multiplier) in Ford Explorer Settlement Sacramento County Superior Court Judge Approves Fees Award in Recent June 27, 2008 Order. And We Provide You With a Link to Kimberly A. Kralowec’s Post . . . Click here.             Sacramento County Superior Judge De

Successful Mandate Plaintiff Loses Attorney’s Fees Award Under Code Of Civil Procedure Section 1021.5 Because His Steps To Remove His Name From Child Abuse Index Did Not Vindicate A General Public Interest

Cases: Private Attorney General (CCP 1021.5)

Fourth District, Division One Reverses Lower Court Fee Grant to Plaintiff.             Previously, in our July 21, 2008 post on The Right Site Coalition (an unpublished reversal), we discussed Code of Civil Procedure section 1021.5, the private attorney general fee provision.  Section 1021.5 authorizes an award of attorney’s fees if (1) plaintiff’s

CEQA Prevailing Parties: You Must Prove A Significant Public Benefit In Order To Obtain An Attorney’s Fees Award Under Code of Civil Procedure section 1021.5

Cases: Private Attorney General (CCP 1021.5), Cases: Standard of Review

Second District Eliminates a $254,087.77 Fee/Costs Award to Prevailing CEQA Plaintiff Where Significant Public Benefit Element Not Demonstrated As a Matter of Law.             Under California’s private attorney fees statute, a trial court may award attorney’s fees to a successful party in any public interest action involving an important public right if

ATTORNEYS IN LABOR VIOLATION CLASS ACTION ARE AWARDED 1.65 MULTIPLIER–$1,199,550—PLUS $60,611 FOR FEE PETITION EXPENSES IN WINNING A MILLION DOLLAR AWARD IN CITY OF HAYWARD LIVING WAGE ORDINANCE CASE

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

First District Affirms Trial Court Fee Award Reflecting the Risks of a Contingency Case.             Mr. Leviant, the CEO of The Complex Litigator blog, recently welcomed us to the blogosphere and asked if we would be commenting on class action fee awards.  “Yes,” is the answer, and this is our first specific

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