Cases: Private Attorney General (CCP 1021.5)

Factual Nature Of The Specific Issue Was Dispositive.             Litigants which win some relief against a municipality may be entitled to private attorney general fees under CCP § 1021.5.  However, there are several elements they must surmount, including a paramount concern that they vindicated a significant benefit on behalf of the public or a large […]

Success/Causation Elements Of Section 1021.5 Were Not Demonstrated.             In Companion Animal Protection Society v. Puppies4Less, Case No. E076858 (4th Dist., Div. 2 June 29, 2022) (unpublished), plaintiff sued certain defendants for selling animals to pet stores which were not obtained from nonprofit animal shelters or rescue groups.  Some defendants settled, others did not, and

Fee Award Was Less Than Requested $188,806.50.             Miner’s Camp, LLC v. Foresthill Public Utility District, Case No. C088828 (3d Dist. June 23, 2022) (unpublished) demonstrates how private attorney general awards will be allowed even where the litigant has some self-interest in the fight, as long as an award is not disproportionate and benefits others.

Trial Court Applied The Incorrect Legal Standard In Determining Causal Link For Defendant Providing The Primary Relief Sought By Plaintiffs When It Denied Plaintiffs’ Request For Fees Under Code Civ. Proc., § 1021.5 Based On The Catalyst Theory.             We discussed Dept. of Water Resources Environmental Impact Cases, Case No. C091771 (3d Dist., May 11,

Plaintiff Failed To Meet Its Burden Of Proving Prevailing Party Status, Especially In Light Of Defendant’s Evidence That The Relief Plaintiff Sought Was Already Being Implemented Before Plaintiff Filed Its Action.             Pursuant to a stipulation between the parties, plaintiff dismissed its action, regarding an unlawful stream obstruction that impaired fish passage, against defendant two

Trial Court Failed To Consider Whether Plaintiffs' Lawsuits Were The Catalyst For The Relief Obtained.             In Dept. of Water Resources Environmental Impact Cases, Case NO. C091771 (3d Dist., May 11, 2022) (unpublished), lawsuits filed against Dept. of Water Resources regarding a project meant to improve the State’s water supply infrastructure were coordinated for trial,

However, Because Plaintiffs Entitled To Judgment On All Claims, Matter Remanded To See If Additional Trial Fees Should Be Awarded As Well As Calculation Of Winning Appellate Fees.             Boy, oh boy, what appellate decisions can do with respect to fee awards.             In California DUI Lawyers Assn. v. Cal. Dept. of Motor Vehicles, Case

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

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