Civil Rights: Under The California Voting Rights Act, “Cost Of Work Product” Includes Costs Incurred On Behalf Of Future Named Plaintiffs And A Contingency Attorney Advancing Costs On Behalf Of Client(s)

Other Interpretations Would Subvert The Remedial Purpose Of The Reimbursement Provisions.

            The California Voting Rights Act was passed by the state Legislature to address at-large elections tending to dilute the ability of minority groups to elect candidates (racial block voting), including provisions which allows a prospective plaintiff who gets an ordinance establishing district-based elections to be paid “cost of the work product” up to a $30,000 cap.  This reimbursement provision was at issue in Law Office of Carlos R. Perez v. Whittier Union High School Dist., Case No. B315375 (2d Dist., Div. 8 Jan. 11, 2023, but posted on Jan. 12) (published).

            Here is what the appellate court ruled in reversing denial of costs and attorney’s fees:  (1) a “prospective plaintiff” did not have to be the identification of a specific person formally retaining a law firm, but also encompasses a law firm working on behalf of one or more persons the law firm avers it can name as a plaintiff if the demand for correction is unsuccessful (although an ordinance was adopted in this matter); (2) a prospective plaintiff does not have to pay the actual “costs of work product,” with it being sufficient if the contingency law firm representing the plaintiff makes the outlay (which in this case was largely for an expert demographer and legal research by the law firm on the claim); and (3) the lower court would have to pass on any fee/costs requests under the private attorney general statute on remand.