Center for Biological Diversity v. Cal. Fish & Game Commission
This is an appeal and cross-appeal by the parties to an action brought under Code of Civil Procedure section 1021.5 (hereafter section 1021.5) from an order of the Alameda County Superior Court awarding plaintiffs attorney fees in the amount of $46,992 for their success in filing and pursuing a petition for a writ of mandate challenging the validity of a regulation adopted by the defendant California Fish and Game Commission (hereafter Commission). The challenged regulation designated the Black-Backed Woodpecker (hereafter BBW) as a candidate species for protection under the California Endangered Species Act (CESA), i.e., Fish and Game Code sections 2050 et seq. In its appeal, the Commission asks this court to overturn the trial court’s order granting plaintiffs those attorney fees. In their cross-appeal, plaintiffs also ask us to reverse that award, but on the basis that it was inadequate; they ask us to remand the case to that court “with directions to calculate an adequate fee award . . . .†We will do neither but, instead, affirm the trial court’s order awarding plaintiffs attorney fees.
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