Neither CCP § 1021.5 Nor 42 U.S.C. § 1988 Supported Fee Award.
In Rivera v. County of Riverside, Case No. E055956 (4th Dist., Div. 2 Aug. 1, 2014) (unpublished), plaintiff obtained mandate for an administrative hearing based on her termination by the County of Riverside under unusual factual circumstances, eventually leading to a reinstatement. She later received an award of $99,665 in attorney’s fees under both CCP § 1021.5 and 42 U.S.C. § 1988.
The fee award was reversed on appeal.
Under 1021.5, the appellate court disagreed that there was any significant benefit to the general public or a large class of individuals. The reinstatement objective was singular to plaintiff, and the fact a cautionary message alone was sent to County for purposes of handling similar circumstances did not carry the day. (LaGrone v. City of Oakland, 202 Cal.App.4th 932, 946 (2011).) The Court of Appeal also found that the judgment occurred in a non-recurrent situation where the County violated due process based on plaintiff moving to a different location and confusion on what to do—something not likely to be repeated in the future.
With respect to section 1988, the fee award fell because plaintiff did not show that her termination was caused by an official policy or custom of County versus an aberrant gaffe.