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California Courts of Appeal

May 20, 2020

Forgoing legal fees can’t be condition of intervention, panel says

While the Code of Civil Procedure authorizes an award of attorney fees to the prevailing party when a non-party intervenes in a case, a San Diego judge held that the ACLU and media organizations had to strike their requests for attorney fees if they wanted to intervene in a police records case.

A trial court abused its discretion when it restricted the rights of intervenors in a police records case by prohibiting them from seeking attorney fees, an appellate panel ruled.

4th District Court of Appeal Judges William S. Dato, Judith D. McConnell and Cynthia G. Aaron unanimously reversed and remanded the Feb. 15 order from San Diego County Judge Eddie C. Sturgeon that required the ACLU and several San Diego media companies to ...

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