Cases: Private Attorney General (CCP 1021.5)

Homeowner Associations, Private Attorney General: Lower Court Got It Right In Denying Fees To Homeowner And HOA Which Did Not Meet Their Main Litigation Objectives, And Homeowner Was Not Successful Party Or Provided A Significant Benefit Under CCP § 102

Cases: Homeowner Associations, Cases: Private Attorney General (CCP 1021.5)

Ending Appellate Court Comment Urges Homeowners and HOAs To Work It Out, Rather Than Run To Court, Saying “Amen” To Trial Judge’s Closing Observation.             In Artus v. Gramercy Tower Condominium Assn., Case No. A161265 (1st Dist., Div. 2 Mar. 30, 2022) (published), a homeowner sued an HOA over election voting rules and sale/leasing guidelines.  […]

Private Attorney General: Appellate Court’s Reversal Of Grant Of Peremptory Writ Of Mandate Discharge Directives Also Gave Rise To Reversal Of Denial Of CCP § 1021.5 Fees.

Cases: Private Attorney General (CCP 1021.5)

Also, Trial Judge Applied An Inapt Catalyst Theory To The Plaintiff’s 1021.5 Fee Request.             In Community Venture Partners v. Marin County Open Space Dist., Case Nos. A161851/A162374 (1st Dist., Div. 4 Mar. 28, 2022) (unpublished), the appellate court reversed the granting of District’s motion to discharge a peremptory writ of mandate in a land

Private Attorney General: $118,089.00 Fee Award For Litigant Partially Prevailing On CEQA Claim Affirmed On Appeal

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 Attorney General: 4/2 DCA Reverses Private Attorney General Fee Denial In Housing Plan Dispute With City Of Desert Hot Springs, Remanding For Determination Of Amount To Be Awarded

Cases: Private Attorney General (CCP 1021.5)

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

Private Attorney General: Fees Properly Denied Where Trial and Appellate Court Had Skepticism That Lawsuit Inspired Changes On Water Rates

Cases: Private Attorney General (CCP 1021.5)

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,

Private Attorney General: $2.2 Million Fee Award To Various Parties Reversed

Cases: Private Attorney General (CCP 1021.5)

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

Private Attorney General: Petitioner Winning First Round Of San Francisco Bay Mineral Extraction Lease Dispute, Getting Paid Under A Settlement, Did Not Get Any Further CCP § 1021.5 Fees By Failing To Succeed In The Second Phase

Cases: Private Attorney General (CCP 1021.5)

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

Private Attorney General, POOF!: Reversal Of CEQA Parking Lot Issue Petition In Entirety Also Vacated Private Attorney General Fee Award

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

$154,000 In Fees Went POOF!             The appellate court in Save Our Access-San Gabriel Mountains v. Watershed Conservation Authority, Case Nos. B303494 et al. (2d Dist., Div. 8 Aug. 19, 2021) (published) reversed a CEQA petitioner’s win on a parking lot issue in entirety.  Petitioner had won $154,000 in private attorney general statute fees (used

Private Attorney General: $115,000 Fee Award To School District In Winning Charter School Zoning Exemption Dispute Was Affirmed On Appeal

Cases: Private Attorney General (CCP 1021.5)

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

Private Attorney General: No Abuse Of Discretion In Trial Court’s Denial Of § 1021.5 Attorney Fees To Plaintiff Achieving A Significant Public Benefit

Cases: Private Attorney General (CCP 1021.5)

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

Scroll to Top