Tuesday, November 22, 2016

You Ain't an AG

Millview Cnty. Water Dist. v. State Water Res. Control Bd., No. A145428 (D1d1 Oct. 26, 2016)

A local water district and some citizens who leased it a riparian water rights claim won a lawsuit against the State Water Resources Control Board. Plaintiffs sought to recover their attorneys’ fees under Code of Civil Procedure § 1021.5, the private attorney general doctrine. But an award under § 1021.5 is only warranted when, among other factors, the plaintiff’s burden of litigating is out of proportion to their stake in the matter. Given that the water rights in issue were worth millions, that can’t be the case here. 


Reversed.

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