Legal Opinion
Center for Biological Diversity v. California Fish and Game Commission
California Court of Appeal
Decided April 8, 2011No. A127555PublishedCited by 8 opinions
1Opinion of the Court
*131Opinion
RICHMAN, J.
Last year, this court determined that Code of Civil Procedure section 1021.5 (section 1021.5) would not support an award of attorney fees for a remand to an administrative agency to reconsider a previously decided matter, when the remand was for a perceived procedural defect and resulted in no demonstrable substantive change in the agency’s position. We held that when the remand produces nothing more than an “augmented explanation” of the agency’s decision, the plaintiff there did not meet the statutory requirements of being “a successful party” which had initiated…
2Cases cited12 opinions
- Griset v. Fair Political Practices CommissionCalifornia Supreme Court · 2001
- Haworth v. Superior Court of Los Angeles CountyCalifornia Supreme Court · 2010
- Sullivan v. Delta Air Lines, Inc.California Supreme Court · 1997
- Brosterhous v. State BarCalifornia Supreme Court · 1995
- California Forestry Ass'n v. California Fish & Game CommissionCalifornia Court of Appeal · 2007
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- People v. Investco Mgmt. & Dev. LLC, California Court of Appeal, 5th District2018
- Hall v. Dep't of Motor Vehicles, California Court of Appeal, 5th District2018
- Staniforth v. The Judges Retirement System CA4/1California Court of Appeal · 2014
- Center for Biological Diversity v. Cal. Fish & Game Commission CA1/2California Court of Appeal · 2014
- Hall v. Dept. of Motor VehiclesCalifornia Court of Appeal · 2018
3 more not listed; retrieve them via the Exa API.