Civil Rights, Prevailing Party, Settlement, Special Fee Shifting Statutes: Stipulated Judgment To Enforce Settlement Had Post-Judgment Enforcement Language Carve-Out Allowing For Further Post-Enforcement Attorney’s Fees

Also, On Remand, Trial Judge Had To Determine If Plaintiffs Prevailed In Voting Rights Act Case; And, If So, Amount Of Further Fees To Be Awarded.

               In Robles v. City of Ontario, Case No. G064119 (4^th Dist., Div. 3 Nov. 6, 2024) (published; originally issued unpublished on October 24, 2024), plaintiffs alleged that defendants erred in not holding at-large elections for city council, instigating a suit for violations of the California Voting Rights Act (VRA) and 42 U.S.C. § 1983.  The parties reached a settlement agreement and stipulated judgment, under which defendants agreed to pay plaintiffs $300,000 for prior attorney’s fees incurred under Elections Code section 14030, the VRA’s fee-shifting position.  Plaintiffs moved to enforce the stipulated judgment based on alleged noncompliance, with the lower court determining a provision in the judgment was invalid and denying further post-judgment enforcement fees based on the prior fees language.  Defendants conceded there was no invalidity, but the lower court still denied renewed post-judgment enforcement fees.

               The 4/3 DCA, in an opinion authored by Acting Presiding Justice Moore, reversed and remanded.  The stipulated judgment contained carve-out language allowing plaintiffs to enforce the settlement under CCP § 664.6, which the appellate court deemed sufficient to allow for the further attorney’s fees being requested.  However, the lower court also had to determine if plaintiffs were prevailing parties because they achieved their litigation objectives in obtaining map relief under the stipulated judgment; and, if so, the amount of further fees to be awarded to plaintiffs.