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 City of Gardena v. State Water Resources Control Board, Case No. G059466 (4th Dist., Div. 3 Sept. 22, 2021) (unpublished) is a situation where certain litigants won CCP § 1021.5 fees after prevailing on a regional water board dispute.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 State Lands Commission (Hanson Marine Operations, Inc.), Case No. A159693 (1st Dist., Div. 4 Sept. 17, 2021) (unpublished) did initially prevail in a dispute with the Commission over approval of several 10-year mineral extraction leases that authorized
$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
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 Aug. 16, 2021) (unpublished) successfully challenged a charter school zoning exemption, in a lower court ruling affirmed in an earlier published appellate decision.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In KCSFV I, LLC v. Florin County Water District, Case No. C088824 (3rd Dist., May 28, 2021) (published; fee discussion unpublished), plaintiffs succeeded in their petition for writ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,
Respondent Had Too Much Of A Pecuniary Interest, Even As A Non-Profit With Respect To Stake In The Litigation. Inyo County Local Agency Formation Commission v. Southern Mono Healthcare Dist., Case Nos. C085138/C086087 (3d Dist. May 13, 2021) (unpublished), involved a mandate petition filed by a petitioner against Southern Mono in what was, in
Plaintiff’s Attorneys, Who Bore The Risk Of Taking On A Partially Contingent Case With Important Public Interests At Stake, Displayed Exceptional Expertise and Skill In A Case Involving Nearly Five Years Of Contentious Litigation And A 19-Day Trial. Following a 19-day bench trial in The Sonoma Land Trust v. Thompson, Case No. A159139 (1st
Although Many Of The Factors Were Present, Absence of Vindication Of An Important Right Affecting The Public Interest Was A Correct Conclusion By The Lower Court. In Frausto v. California Highway Patrol, Case No. A159504 (1st Dist., Div. 2 Apr. 22, 2021) (unpublished), as often is the case, the case ultimately came down to
