Lodestar, Multiplier, Private Attorney General, Special Fee Shifting Statute: Plaintiff Taxpayer Properly Awarded Fee Of $116,647.47 For Prevailing In Political Reform Act Action

60% Total Positive Multiplier And Lodestar Awards Were No Abuse Of Discretion.

            California’s Political Reform Act, codified at Government Code sections 81000 et seq., prohibits a public employee from influencing a governmental decision in which he/she has a financial interest.  There are liability provisions which allow a prosecutor or taxpayer to challenge the particular activity, with the trial judge given the discretion to award attorney’s fees to either the prevailing plaintiff or prevailing defendant. (Gov. Code, §91003(a), 91005.)

            In Holloway v. Vierra, Case No. H044505 (6^th Dist. March 14, 2019) (unpublished), a plaintiff taxpayer challenged a defendant water district director’s receipt of real estate commission benefit in a District real estate purchase under the Political Reform Act. Plaintiff earlier suffered a demurrer without leave, but later revived the action through a successful appeal generating a published opinion. Plaintiff eventually prevailed after a trial, moving for fee recovery under both Government Code section 91003(a) and California’s private attorney general statute. The trial judge awarded him $116,647.47, inclusive of a 60% positive multiplier to bring his attorney’s discounted fees to Bay Area market prices and 10% of the total being a reward for championing a difficult case.

            The Sixth District affirmed the fee award against defendant. There was fee entitlement under both statutory bases. The amount of the fees granted by the lower court was no abuse of discretion. The multiplier properly compensated plaintiff’s attorneys for discounted rates in getting to the proper lodestar amount, with the difficulty and uncertainty of the case also supporting a positive enhancement.