Civil Rights, Private Attorney General: Plaintiff’s Obtaining Of Prior Mandamus Relating To Her Nursing License Did Not Mean She Was Entitled To Private Attorney General Or Civil Rights Fees

Her Win Did Not Benefit A Large Class Of Persons, And Her Mandamus Writ Petition Was Not Litigated As A Federal Civil Rights Claim.

            In Valencia v. Board of Registered Nursing, Case No. A164976 (1^st Dist., Div. 4 Oct. 30, 2023) (unpublished), plaintiff obtained a mandamus petition win vacating certain discipline imposed by defendant Board against her nursing license.  She then moved to recoup attorney’s fees under the private attorney general statute (CCP § 1021.5) and federal civil rights statute (42 U.S.C. § 1988), requests which were both denied.  She appealed, but no changes resulted.  Plaintiff righted an injustice to her personally, but failed to obtain a result which benefited the public more broadly.  With respect to the section 1988 fee request, that was properly denied because her writ petition was not framed or litigated as a federal civil rights claim, with it also being prejudicial for the Board to address a federal claim only articulated when the administrative record was closed.