California Court of Appeal
Marine Forests Soc'y v. Cal. Coastal Comm'n, C052872
Where a lawsuit did not achieve its objective to enjoin defendant-commission from requiring plaintiff to remove an experimental man-made reef that it had planted on the ocean floor, it did not cause defendant to substantially change its behavior and, thus, the catalyst theory for a Code of Civil Procedure section 1021.5 attorney's fees award does not apply. Consequently, an order awarding plaintiff section 1021.5 attorney's fees is reversed.
Appellate Information
- Decided 03/04/2008
- Published 03/04/2008
Judges
- SCOTLAND, P.J.
Court
- California Court of Appeal
Counsel
- For Appellant:
- The Zumbrun Law Firm, Ronald A. Zumbrun and Mark A. Teh, Sacramento, for Plaintiffs and Appellants.
- For Appellees:
- Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Tom Greene, Chief Assistant Attorney General, J. Matthew Rodriquez, Senior Assistant Attorney General, and Lisa Trankley, Deputy Attorney General, for Defendant and Appellant.