Her Financial Stake and Lack of Benefit to a Large Class Were Reasons Why.
Hospital psychiatrist technician, who won an administrative reversal of a medical demotion, also won an appeal in an unpublished decision upon a review requested by the Department of Medical Health. She then sought fees and costs totaling $75,000, even though her recovery from the prior win was worth $176,191.44 in back pay and interest.
The lower denied the private attorney general fee request, a determination affirmed in Department of Mental Health v. State Personnel Board (Meyer), Case No. A132921 (1st Dist., Div. 3 May 30, 2012) (unpublished).
Two reasons supported the affirmance of the fee denial. First, appellant did have a significant financial stake in the controversy outcome, untied to anyone else’s interests–as the back pay/interest award showed. Second, the nonpublished appellate decision on the medical demotion only applied to her, which certainly negated the significant benefit element of section 1021.5.
Psychiatrist’s office from 1958 movie, “Terror in the Haunted House.” Flickr creative commons license.