CA Supreme Court Rules: Defendants should pay if a public benefit results (sic!)

LA Times ^ | 12/3/04 | Maura Dolan

[SierraWasp]

Justices Uphold Lawyer Fees in Advocacy Suits
Defendants should pay if a public benefit results, even if there are no damages, panel says.

By Maura Dolan Times Staff Writer

December 3, 2004

SAN FRANCISCO — Lawyers for advocacy groups and others who file cases that achieve a public benefit should be rewarded by requiring defendants to pay their legal fees, a sharply divided California Supreme Court ruled Thursday.

Justice Carlos R. Moreno, who wrote the 4-3 decisions in two related cases, said lawyers need incentives to bring lawsuits that generate beneficial changes but often produce little or no money in damages. The fees should be paid even in cases that never go to court or result in formal settlements, the court ruled.

In one of the two cases, consumers sued DaimlerChrysler over trucks that could not pull loads nearly as heavy as advertised. In the other case, civil rights groups sued the Los Angeles Police Department over racial and sex discrimination. Neither suit went to trial, but both led the defendants to make substantial changes in their policies.

Most public-interest legal groups — organizations that bring suits on environmental, civil liberties and consumer issues — are on the liberal side of the political spectrum, and the ruling brought a strongly worded dissent from three conservative justices who said it would spur needless lawsuits.

Dissenting Justice Ming W. Chin warned that the ruling puts California out of step with the rest of the country and that the state may become a mecca for trial lawyers. The rulings come at a time when many courts elsewhere, including the U.S. Supreme Court, have sharply cut legal-fee awards.

Snippy Snip!!!

[Lancey Howard]

Kalifornia already IS unfixable.
It's only a matter of (a short) time before the place goes belly up. And I will be absolutely livid (and vocal) if any of my tax dollars end up going to the rescue.

[DBeers]

Legal welfare for tax exempt organizations that are probably publicly funded anyway -interesting...

[writer33]

Good one! Soylent Green! Edward G. Robinson's last movie. He died shortly afterwards. I forgot about that last scene there.

Usually, I say there doomed. Doomed I tell you, and somebody posts the silly commercial with the the guys and the woman in the office. I think it's Fed Ex.

[mysto]

The Anti-Christ Lawyers Union (ACLU) outta love this.
Oh, I thought it was the American Communist Lawyers' Union...

[writer33]

Let me introduce you to the state of Nevada. A red state just barely. With the exception of Harry Reid, running on a complete lie, it's a good state. Here, we look west to California and say, "Stay there, please!"

I hope you're fortunate to get out of there before it happens, especially in your situation.

[CurlyDave]

Think about this for a minute. Do you really believe that Chrysler should be able to advertise trucks with a 6400 pound tow rating when the reality is 2000 pounds? And a case by case policy for dealing with disgruntled customers is nothing but a way of stonewalling cheated customers.

Not only should they pay legal fees, they should have to give every customer a new truck free, with the advertised capacity. If they had advertised 6400 and the reality was 6200, I might be willing to see some wiggle room for them, but when the real load is 2000, they are simply cheating. And, I bet every single Freeper would believe the same thing if they had bought one of the trucks.

While I think the ruling should have been more narrow, we ought to direct our collective ire at Chrysler for giving the libs such a wonderful case to bring.

Same thing with LAPD. From the people who brought us Ramparts. The more I think about that one the more punishment I think the LAPD should get. I can not forget the guy who they handcuffed and then shot, paralyzing him for life. I think the shooter got jail time, but it wasn't long enough. A life sentence would be too short for him. And, there was no mention ever of LAPD brass getting punished at all for not noticing what was going on.

With defendants like this how can the court not award legal fees?

[taxcontrol]

Oh this is just ASKING for trouble.

[Ernest_at_the_Beach]

The leftists at work, first you must destroy before a more perfect society can be formed.......

They are working on it in a lot of different ways........ for example......

__________________________________________________ ________________________________________

Unholy Alliance

by David Horowitz
Hardcover - (September 2004) - $27.95

In this tour de force on the most important issue of our time, David Horowitz, confronts the paradox of how so many Americans, including the leadership of the Democratic Party, could turn against the War on Terror. He finds an answer in a political Left that shares a view of America as the “Great Satan” with America’s radical Islamic enemies.

[SierraWasp]

This was already in place! They just ruled to uphold, or should I say holdup!!!

I once decided to run for local elected office. The most sickening thing I then was forced to participate in was to vote in closed session whether to settle and pay the lawyer's fees at taxpayers expense, or vote to fight the junk suit at an unknown expense to the taxpayers!

What would any of you have voted?

The public is just not aware of this fairly long standing shituaion and undoubtedly is yet another reason I'm now a recovering citizen polititian that wasn't re-elected.

For example: An EnvironMentalist sued the county because we closed a landfill and contracted to recover the methane to run generators to make electricity... A worthwhile environmentally clean power source. He claimed it created noise pollution!!!

[Carry_Okie]

Liberal NGOs already have plenty of money.

What if it was conservatives who were doing the suing?

[RJL]

Justice Carlos R. Moreno, who wrote the 4-3 decisions in two related cases, said lawyers need incentives to bring lawsuits that generate beneficial changes but often produce little or no money in damages.

Legislation from the judicial bench, how nice.

This court needs to be slapped down!

[SierraWasp]

"What if it was conservatives who were doing the suing?"

Well I sure don't see many conservative doing it! Mainly it's the wealthy NGO's that are doing it and sucking up all the deep pockets, especially the taxpayers in this state!!!

[A CA Guy]

I would think the garbage trucks in the process of dumping would make MORE noise. If you were making less noise than the previous use, that is an improvement on any NOISE pollution.

Regarding California judges, I guess most are appointed and some are voted in. I would like a proposition where people could unseat the judge representing their area if the votes are there for the area like it was for Gray Davis.

[Carry_Okie]

Well I sure don't see many conservative doing it!

Maybe now we can afford to do it. Just a thought you know.

[Enterprise]

I can't muster up a lot of sympathy here either. If the company defrauds the public and gets caught and has to pay, they deserve it.

A few years ago we had purchased a used Dodge Caravan from a rental car company. Some time later the paint job disintegrated. Evidently it happened to a lot of vehicles from a particular paint run. We tried to get the local dealership to have it repainted and they refused.

Another "scam" big corporations have pulled is in offering rebates on products, then refusing to pay the rebate because the customer made some mistake, real or imagined, in the paperwork when they submitted for the rebate.

There are definitely times in which large companies need to be taken to task for some of the arrogant things they do to people.

[sayfer bullets]

I gotta admit it was yours and the "run, don't walk" post in combo that popped that movie into my mind.

Excellent!

[A CA Guy]

At the through of those that can do by those that can only sue.

[Enterprise]

The Governor routinely appoints judges to vacancies. However, at some point, all State judges in California must have voter confirmation to remain in office. I still have fond memories of voting against Rose Bird when the voters gave her and two of her liberal cronies the heave ho.

[A CA Guy]

So there needs to be a listing of rulings that were bad and good by troubling judges and perhaps a recall here and there until they stop judicial activism.

[Enterprise]

It didn't take too long for Rose Bird and the Supremes to piss off the whole State of California. Anyone who was paying attention at the time knew pretty quickly how wacky they were. There are any number of decision which are made on any given day which stink, and they don't get much attention.