This Includes Attorney’s Fees; $35,366.40 Award to Bureau of Automotive Repair Affirmed.
Here is a little known fee-shifting statute available to boards and bureaus within California’s department of consumer affairs. Business and Professions Code section 125.3(a) allows such an entity bringing a license or probation revocation proceeding to recover discretionary reasonable costs of investigation and prosecution of the case.
The Bureau of Automotive Repairs, after an administrative proceeding in which smog check station license issues were determined adversely to an auto repair dealer after several “undercover operations,” ultimately obtained a ALJ award of $35,366.40 under section 125.3(a), with an overwhelming majority (90%) being for AG fees.
Auto dealer appealed in Imports Performance v. Dept. of Consumer Affairs, Case No. B228544 (2d Dist., Div. 5 Nov. 10, 2011) (unpublished), but was not successful with the reviewing court. Dealer’s principal argument was that the prosecuting entity did not win all of the charges and issues in the proceeding. However, dealer did not cite any authority in support of its pro rata award theory, such that the costs/fee award was affirmed.