Also, "In reviewing the trial
court's decision, [an appellate court] must pay 'particular attention to the
trial court's stated reasons [and determine] whether it applied the proper
standards of law in reaching its decision.' Families Unafraid to Uphold Rural
El Dorado County v. Board of Supervisors, 79 Cal. App. 4th 505, 512
(2000)." And "One appellate decision states
that when Section 1021.5 attorney fees are awarded in the trial court following
an appellate opinion, the award of fees is reviewed de novo. In that situation,
"[a]n appellate court [is] in at least as good a position as the trial
court to judge whether the legal right enforced through its own opinion is
'important' and 'protects the public interest' and whether the existence of
that opinion confers a 'significant benefit on the general public or a large
class of persons.'" Los Angeles Police Protective League v. City of
Los Angeles, 188 Cal. App. 3d 1 (1986)."
Monday, April 30, 2018
Private Atty General fees MCLE
Today's DJ has an article and MCLE test by Matthew Ross, Sr. Appellate Court Attorney at 4/3, about Private Attorney General Fees. "Readers will learn about the
standards for recovery of fees, including the requirement of the existence of
an important right, providing a substantial benefit, the necessity and
financial burden of private enforcement, and the "catalyst" theory of
recovery. Readers will also learn about the standards of appellate review
governing private attorney general fees orders." The usual standard of review is for abuse of discretion, but de novo review is warranted "where the determination of whether the criteria for an award of attorney fees and costs in this context have been satisfied amounts to statutory construction and a question of law." (Connerly v. State Personnel Bd. (2006) 37 Cal.4th 1169.)
Also, "In reviewing the trial
court's decision, [an appellate court] must pay 'particular attention to the
trial court's stated reasons [and determine] whether it applied the proper
standards of law in reaching its decision.' Families Unafraid to Uphold Rural
El Dorado County v. Board of Supervisors, 79 Cal. App. 4th 505, 512
(2000)." And "One appellate decision states
that when Section 1021.5 attorney fees are awarded in the trial court following
an appellate opinion, the award of fees is reviewed de novo. In that situation,
"[a]n appellate court [is] in at least as good a position as the trial
court to judge whether the legal right enforced through its own opinion is
'important' and 'protects the public interest' and whether the existence of
that opinion confers a 'significant benefit on the general public or a large
class of persons.'" Los Angeles Police Protective League v. City of
Los Angeles, 188 Cal. App. 3d 1 (1986)."
Also, "In reviewing the trial
court's decision, [an appellate court] must pay 'particular attention to the
trial court's stated reasons [and determine] whether it applied the proper
standards of law in reaching its decision.' Families Unafraid to Uphold Rural
El Dorado County v. Board of Supervisors, 79 Cal. App. 4th 505, 512
(2000)." And "One appellate decision states
that when Section 1021.5 attorney fees are awarded in the trial court following
an appellate opinion, the award of fees is reviewed de novo. In that situation,
"[a]n appellate court [is] in at least as good a position as the trial
court to judge whether the legal right enforced through its own opinion is
'important' and 'protects the public interest' and whether the existence of
that opinion confers a 'significant benefit on the general public or a large
class of persons.'" Los Angeles Police Protective League v. City of
Los Angeles, 188 Cal. App. 3d 1 (1986)."
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