Private Attorney General: Lower Court Properly Denied CCP § 1021.5 Fee Request By Plaintiff Which Dismissed Its Complaint Without Showing That Nonsettling Defendants Changed Their Behavior As A Result Of The Lawsuit

Success/Causation Elements Of Section 1021.5 Were Not Demonstrated.

            In Companion Animal Protection Society v. Puppies4Less, Case No. E076858 (4^th Dist., Div. 2 June 29, 2022) (unpublished), plaintiff sued certain defendants for selling animals to pet stores which were not obtained from nonprofit animal shelters or rescue groups.  Some defendants settled, others did not, and plaintiff dismissed the complaint after winning an initial TRO but losing a renewed TRO and then losing a preliminary injunction.  Plaintiff then moved for private attorney general fees, a request which was denied.  The 4/2 DCA affirmed.  The reasons were that plaintiff failed to prove success or that plaintiff’s conduct resulted in any changed behavior by the nonsettling defendants—crucial elements which had to be shown for fee entitlement under CCP § 1021.5.