Private Attorney General: Although All Factors But Financial Benefits Were Clearly Met, Remand Was Justified To Relook at Whitley Cost/Benefit Analysis

If Analysis Was OK, Nothing Wrong With The Amount Of The $582,927 Award.

            In Grossmont Union High School Dist. v. Diego Plus Education Corp., Case No. D080295 (4^th Dist., Div. 1 Dec. 29, 2023) (published), a trial court determined that a school district should pay private attorney general fees to charter schools for prevailing on an appeal with respect to whether charter schools could operate in certain areas.  The lower court awarded $582,927 out of a requested $718,232.50, or a 19% reduction.  School district appealed.  The 4/1 DCA initially determined that an abuse of discretion review standard should apply to a trial court’s award of appellate fees even after the appellate decision on the merits.  After determining that all the CCP § 1021.5 factors were satisfied but one, the panel remanded to determine if the Whitley cost/benefit analysis (our Leading Case No. 14) under the financial benefits factor was satisfied because no real analysis was made on this issue.  If the lower court determined this factor was met, charter schools was entitled to the reduced fee award plus further appellate fees incurred in the case before the reviewing court.