Insured Did Vindicate Important Rights For California Insureds By Obtaining Published Affirmance Of An Insured’s Right To Videotape Insurer’s Participants In An EUO. In Myasnyankin v. Nationwide Mutual Ins. Co., Case No. A166946 (1st Dist., Div. 5 Jan. 30, 2024) (partially published), by a 2-1 vote, the appellate court affirmed a lower court’s determination […]
If Analysis Was OK, Nothing Wrong With The Amount Of The $582,927 Award. In Grossmont Union High School Dist. v. Diego Plus Education Corp., Case No. D080295 (4th Dist., Div. 1 Dec. 29, 2023) (published), a trial court determined that a school district should pay private attorney general fees to charter schools for prevailing
Appellate Court Found That Private Attorney General Elements Were Met, Having Good Discussions Of The “Opposing Party,” Public Interest, And Interests of Justice Requirements. In City of Fresno v. Fresno Building Healthy Communities, et al., Case Nos. F084662/F084666 (5th Dist. Dec. 26, 2023) (unpublished), a nonprofit defendant/petitioner Fresno Building Healthy Communities (FBHC) was denied
Additional Defendants Were Unified In Interest With Other Defendants Subject To The Fee Award. To recover attorney’s fees under the private attorney general statute, CCP § 1021.5, the plaintiff must recover against “opposing parties.” Taft v. Salinas, Case No. D081025 (4th Dist., Div. 1 Nov. 30, 2023) (unpublished) considered the scope of that language
Her Win Did Not Benefit A Large Class Of Persons, And Her Mandamus Writ Petition Was Not Litigated As A Federal Civil Rights Claim. In Valencia v. Board of Registered Nursing, Case No. A164976 (1st Dist., Div. 4 Oct. 30, 2023) (unpublished), plaintiff obtained a mandamus petition win vacating certain discipline imposed by defendant
1.25 Multiplier On Merits Work Was Sustained On Appeal. Plaintiff non-profit in Yes In My Back Yard v. City of Culver City, Case No. B321477 (2d Dist., Div. 4 Oct. 27, 2023) (published) invalidated a Culver City ordinance reducing the intensity of land use as being violative of California’s housing shortage dictates. Then, the
Appellate Court Disagrees That An Investigation Has To Be Wholly Arbitrary Or Capricious For Section 800 Purposes. In Doe v. Atkinson, Case No. A166145 (1st Dist., Div. 1 Oct. 19, 2023) (published), a lower court in an administrative writ proceeding overturned the one-year suspension of a UC Davis junior for violating sexual harassment principles,
$37,346.30 Was The Fee Award From The $225,683 Lodestar Request Plus 1.5 Multiplier For One Component Of The Fee Request. Limited success and excessive fee requests, even in a CEQA context, confer considerable discretion on a lower court to fashion an appropriate fee award under California’s private attorney general statute. These factors led to
A Dissenting Justice Believed RIP Was An “Opposing Party,” And Would Have Remanded To The Lower Court To Assess If Other Elements Of Section 1021.5 Were Satisfied. In Holloway v. Wylie, Case No. H050376 (6th Dist. Sept. 12, 2023) (unpublished), petitioner prevailed on an unopposed mandate petition to delete from a voter information guide
Plaintiff Did Not Satisfy The Financial Incentive Statute Standards—Too Much Skin In The Game. In Keen v. City of Manhattan Beach, Case No. B314744 (2d Dist., Div. 8 Aug. 15, 2023) (unpublished), plaintiff won a short-term rental dispute against the Manhattan Beach, but lost a remand request for attorney’s fees under the private attorney
