Fee Eligibility for Establishing Precedent on Challenged Practice is Key Issue.
In Serrano v. Stefan Merli Plastering Co., 184 Cal.App.4th 178 (2d Dist., Div. 3 Apr. 28, 2010), attorney’s fees were denied to a plaintiff successfully challenging certain court reporting charges and establishing legal precedent in the process.
On August 18, 2010, the California Supreme Court granted review in the case, framing the issue this way:
“Is plaintiff eligible for an award of attorney fees under the private attorney general doctrine based on a successful challenge to court reporter’s service charges that established legal precedent?”
Stay tuned for a future post on the state supreme court’s decision in this substantive area of fee jurisprudence.
Above: Alexander H. Taft, official court reporter at the Court Martial Trial of Brigadier General Billy Mitchell. 1925. Library of Congress.