Significant Benefit Conferred When Law Enforcement Agencies Are Ordered To Implement The Law Correctly.
In Schmidt v. California Highway Patrol, Case No. B260643 (2d Dist., Div. 6 Aug. 1, 2016) (published), a class was certified and a writ petition granted in a case to compel the California Highway Patrol (CHP) to comply with Penal Code provisions to file certificates showing an arrest as a detention where a person is arrested and released in situations where no accusatory pleading is filed. The CHP did not comply with the appropriate Penal Code provisions, resulting in a writ of mandate requiring compliance with the law and awarding class representative $296,100 in attorney’s fees pursuant to CCP section 1021.5, California’s private attorney general statute.
State [Louisiana] Highway Patrolman talking with truck driver. John Vachon, photographer. March 1943. Lib. of Cong.CHP’s appeal was unsuccessful both on the merits and in overturning the fee award.
The appellate court found that the class action did confer a significant benefit on the general public given that the CHP was misinterpreting statutes designed to benefit the public. “Society as a whole benefits when law enforcement agencies properly interpret and implement the law.” Fee award affirmed.