Supreme Court of California

In a taxpayer cause of action brought against the state for violating Proposition 139, known as the Prison Inmate Labor Initiative of 1990, by failing to collect and disburse payments due from joint venture programs with private employers within state prisons, award of attorneys' fees to plaintiff-company representive under the "private attorney general statute", Code of Civil Procedure section 1021.5, is affirmed where: 1) no rule applicable to this case required plaintiff first to attempt to settle the matter short of litigation; 2) the present case is not a catalyst case because plaintiff successfully obtained a stipulated injunction that was entered as a judgment and thus brought about a judicially recognized change in the parties' legal relationship; and 3) the "limitations on the catalyst theory" adopted in Graham v. DaimlerChrysler Corp. did not properly apply here.

Appellate Information

• Decided 11/20/2008
• Published 11/20/2008

Judges

• WERDEGAR, J.

Court

• Supreme Court of California

Counsel

• For Appellees:
  
• Archer Norris,Thomas S. Clifton, Colin C. Munro, Sonny T. Lee, Walnut Creek;  Niddrie, Fish & Buchanan and Martin N. Buchanan, San Diego, for Defendant and Appellant., Jarvis, Fay, Doporto & Gibson, Jarvis, Fay & Doporto, Oakland, and Andrea J. Saltzman, for League of California Cities and California State Association of Counties as Amici Curiae on behalf of Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Manuel M. Medeiros, State Solicitor General, Tom Greene, Chief Assistant Attorney General, Theodora Berger, Assistant Attorney General, and Edward G. Weil, Deputy Attorney General, as Amici Curiae on behalf of Defendant and Appellant., Altshuler, Berzon, Nussbaum, Rubin & Demain, Altshuler Berzon, Michael Rubin, San Francisco, Katherine M. Pollock;  Law Offices of Robert Berke, Robert Berke, Santa Monica, Joseph A. Pertel;  Law Offices of Robert S. Gerstein, Robert S. Gerstein;  Law Offices of Janet Herold and Janet Herold, La Crescenta, for Plaintiff and Respondent., Deborah J. La Fetra, for Pacific Legal Foundation as Amicus Curiae on behalf of Plaintiff and Respondent., The Impact Fund, Brad Seligman, Berkeley, Julia Campins, Oakland;  Litt, Estuar, Harrison & Kitson, Barret S. Litt and Paul J. Estuar, Los Angeles, as Amici Curiae on behalf of Plaintiff and Respondent., Richard Rothschild, Los Angeles;  Law Offices of Richard M. Pearl and Richard M. Pearl for Los Angeles County Bar Association, Berkeley, as Amicus Curiae on behalf of Plaintiff and Respondent.