Cases: Private Attorney General (CCP 1021.5)

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 June 23, 2022) (unpublished) demonstrates how private attorney general awards will be allowed even where the litigant has some self-interest in the fight, as long as an award is not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 C091771 (3d Dist., May 11, 2022) (unpublished), lawsuits filed against Dept.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 A161851/A162374 (1st Dist., Div. 4 Mar. 28, 2022) (unpublished), the appellate court reversed the granting of District’s motion to discharge a peremptory writ of mandate in a land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

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,