Civil Rights: $3,164,955.61 Fee Award Under The California Voting Rights Act Affirmed Where Plaintiffs Successfully Challenged City Of Santa Clara’s At-Large City Council Elections

Plaintiffs Can Also Seek Compensation For Postjudgment Fee Work Before The Superior Court After Remittitur Issuance.

            The California Voting Rights Act, Elections Code section 14030, has a pro-plaintiff, private attorney general-type of fee shifting provision, which states: “ . . . the court shall allow the prevailing plaintiff party, other than the state or political subdivision thereof, a reasonable attorney's fee consistent with the standards established in Serrano v. Priest (1977) 20 Cal.3d 25, 48-49, and litigation expenses including, but not limited to, expert witness fees and expenses as part of the costs.  Prevailing defendant parties shall not recover any costs, unless the court finds the action to be frivolous, unreasonable, or without foundation.”  That provision benefited the winning plaintiffs in the next case we post on.

            Five Asian American residents successfully sued the City of Santa Clara under the Voting Rights Act, winning their contention that the at-large elections for the city council’s office violated the Act.  The trial judge also awarded them $3,164,955.61 in attorney’s fees under section 14030, after it struck some unrecoverable time and reduced in part the lodestar and accompanying multiplier request.

            City’s appeal in Yumori-Kaku v. City of Santa Clara, Case Nos. H046105/H046696 (6^th Dist. Dec. 30, 2020) (published) did not change either the merits or fee results.  City argued that the merits decision was wrong as the only basis for overturning the fees; when the merits judgment was affirmed, that meant the fee award stood also.  The appellate court further indicated that plaintiffs could seek postjudgment fees, including those for appellate work, before the superior court after issuance of the remittitur.