Cases: Private Attorney General (CCP 1021.5)

Traffic Correction In EIR Justified The Award.             Once you prevail on a significant CEQA issue, fee entitlement under the private attorney general statute is likely the general rule, to the chagrin of municipalities and developers.  However, the trial judge still has discretion to make reductions as in a normal civil fee dispute, as United […]

Private Enforcement Necessity Prong Does Not Require Causation, With The Litigation Vindicating Important Affordable Housing Rights For A Large Class Of People.             Plaintiffs sued the City of Desert Hot Springs and related parties to force a long overdue obligation to revise the housing element of the city’s general plan.  The city had missed numerous

City Looked Like It Made Changes Regardless of Lawsuit.             Under CCP § 1021.5, public interest litigants—if satisfying multiple levels of necessary elements—can be awarded attorney’s fees for vindicating public interests under a catalyst theory.  This usually means that the litigants inspired change by a government entity such that a bounty should be awarded.  However,

Reason Was Pretty Simple—The Claiming “Successful” Party Was Not Upon Reversal.             City of Gardena v. State Water Resources Control Board, Case No. G059466 (4th Dist., Div. 3 Sept. 22, 2021) (unpublished) is a situation where certain litigants won CCP § 1021.5 fees after prevailing on a regional water board dispute.  The total fees came

Future Losses Can Change The Private Attorney General Analysis.             Petitioner in San Francisco Baykeeper, Inc. v. Cal. State Lands Commission (Hanson Marine Operations, Inc.), Case No. A159693 (1st Dist., Div. 4 Sept. 17, 2021) (unpublished) did initially prevail in a dispute with the Commission over approval of several 10-year mineral extraction leases that authorized

Implied Findings On CCP § 1021.5 Elements Will Suffice Legally.             The school district in San Jose Unified School Dist. v. Rocketship Education, Case No. H045884 (6th Dist. Aug. 16, 2021) (unpublished) successfully challenged a charter school zoning exemption, in a lower court ruling affirmed in an earlier published appellate decision.  The District then obtained

The Third District Applied The Standard For Determining Necessity Of Private Enforcement, Where The Attorney General Performs Its Function, Set Forth In Committee to Defend.             After the Attorney General filed a complaint for declaratory and injunctive relief and petition for writ of mandate alleging defendant violated the California Wild and Scenic Rivers Act (Rivers

The Significant Public Benefits Achieved In This Case Were Very High – Impacting Over 7,500 Water District Customers Facing An Unconstitutional Rate Increase Of Approximately 200%.             In KCSFV I, LLC v. Florin County Water District, Case No. C088824 (3rd Dist., May 28, 2021) (published; fee discussion unpublished), plaintiffs succeeded in their petition for writ

Even An Objective Whitley Analysis Justified The Lower Court Decision, Especially Where The Ultimate Award Was Less Than The Requested $240,000 In Fees.             Under our category “Private Attorney General,” we have posted on numerous decisions on fee awards under CCP § 1021.5.  Many involve the costs/benefit “financial prong” analysis required under Conservatorship of Whitley,