Dep’t of Water Res. Envtl. . Impact Cases, No. C091771, 2022 Cal. App. LEXIS 486 (Ct. App. May 11, 2022)
To recover attorney fees under the catalyst theory and CCP 1021.5, the plaintiff must show that (1) the lawsuit was a substantial factor in the plaintiff's achieving the primary relief sought in its suit (whether by judicial decree, settlement or voluntary change), (2) the lawsuit had merit and achieved its catalytic effect by threat of victory, not by dint of… Read More