I definitely agree with Justice Dato's opening missive in this opinion, which begins as follows:
"A developed system of justice, with fair and impartial courts to decide disputes among citizens, is in many ways the hallmark of a civilized society. By providing an accessible forum for resolving both economic and philosophical disagreements, courts preserve order and a sense of community, preventing these differences from devolving into active conflict and even violence. Equally important, courts foster attitudes of tolerance for and respectful acceptance of different points of view, traits often sadly lacking in today’s polarized political landscape."
Bravo for that.
He goes on to hold that the trial court erroneously refused to award CCP 1021.5 fees to a group that successfully challenged the San Diego Unified School District's "Roadmap" for a potential future student vaccination requirement for in-person learning during the height of the COVID-19 epidemic.
Reasonable minds could (and surely do) disagree on that point. The trial court thought that fees weren't warranted because the litigation did not, in fact, change anything; the District abandoned the "Roadmap" for reasons unrelated to the litigation, given the changing dynamics of the epidemic. By contrast, the Court of Appeal concludes that the litigation still achieved a public benefit: namely, the recognition that school attendance requirements (even during COVID) had to be passed statewide, not by local school districts.
Fair enough. Process is indeed important. On that we can likely all agree. Admittedly, not every lawsuit that obtains a precedent qualifies for fees under Section 1021.5, otherwise every dispute that resulted in a published opinion would qualify. But this one was perhaps special. I see the point.
Hopefully the fees ultimately awarded on remand won't be huge. But they will -- and should -- include the fees incurred in this appeal. So they definitely won't be tiny.
But particularly given that no actual physical change resulted from the lawsuit, I simultaneously hope that the courts make sure that the fees are indeed reasonable.
As they should be in any fee award, obviously.
