Private Attorney General: CCP § 1021.5 Award To Minor’s Parents For Obtaining Removal From Civil Abuse Central Index Reversed As A Matter Of Law

The Matter Only Really Impacted The Parents Themselves, Not A Larger Class Of Persons.

            In Ford v. Stanislaus County, Case No. F083828/F084205 (5^th Dist. June 2, 2023) (unpublished), minor’s parents obtained writ relief by which their names were removed from the Civil Abuse Central Index after they were found not to be the perpetrator of injuries in a juvenile dependency proceeding.  The court issuing the writ also awarded parents $101,397 in fees under the private attorney general statute, CCP § 1021, triggering an appeal by Stanislaus County.

            The Fifth District reversed as a matter of law, because the result did not confer a significant benefit on a large class of persons (one of the elements of 1021.5).  The real impact was on the parents themselves, with no evidence that the county was engaging in systematic abuse.  The fee award went POOF! on appeal.