Municipal Groups Successfully Lobby Appellate Court to Publish Decision.
In our April 10, 2011 post, we discussed Center for Biological Diversity v. Cal. Fish and Game Commission, Case No. A127555 (1st Dist., Div. 2 Apr. 8, 2011). The decision involved a $258,800 fee award under California’s private attorney general statute which was reversed based on the Karuk decision that only a procedural remand resulted that did not change the end result for the “prevailing” party such that CCP § 1021.5 elements were not satisfied.
On May 5, 2011, the appellate court ordered the decision published after initially turning down a publication request by a municipal group. A couple of other groups joined the publication bandwagon such that the decision was then ordered “put on the books.” Goes to show you how lobbying can sometimes get the job done.
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