California Court of Appeal

In taxpayer waste action involving the Prison Inmate Labor Initiative of 1990, order awarding plaintiff additional attorney fees under the private attorney general statute is affirmed where the State waived the last issue by not raising it at the trial court, and in any event plaintiff was excused from any prelitigation settlement requirement under futility principles.

Appellate Information

• Decided 08/22/2007
• Published 08/22/2007

Judges

• McCONNELL, P.J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Archer Norris,Thomas S. Clifton and Sonny T. Lee, Walnut Creek, for Appellant and Defendant., Law Offices of Robert Berke, Robert Berke, Santa Monica, and Joseph A. Pertel, for Plaintiff and Respondent.