Hall v. Dep't of Motor Vehicles
Hall v. Dep't of Motor Vehicles
Opinion of the Court
*758*185Branden Lee Hall appeals from an order denying his motion for attorney fees he incurred in litigation culminating in Hall v. Superior Court (2016)
FACTUAL AND PROCEDURAL BACKGROUND
A. Hall's Arrest
In March 2014, after the car Hall was driving rear-ended another car stopped at a red traffic signal, police arrested Hall for driving under the influence. ( Hall I , supra , 3 Cal.App.5th at p. 797,
B. License Suspension Hearing
Because Hall refused to submit to a blood alcohol test, police seized his driver's license, notified him that his license would be suspended or revoked by the DMV in 30 days, and advised him of his right to request a DMV hearing to show that the suspension or revocation was not justified. ( Hall I , supra , 3 Cal.App.5th at p. 798,
*186C. Writ Petition
In July 2015 Hall filed a petition for a writ of mandate in the superior court. Hall argued that the date discrepancy was not a clerical error, rendering the document inadmissible.
D. Amended Petition
Before the hearing on Hall's writ petition, Benavidez was charged with conspiring with certain attorneys to accept bribes in exchange for unlawfully issuing temporary driver's licenses to persons charged with driving under the influence. ( *759Hall I , supra , 3 Cal.App.5th at pp. 799-800,
After Benavidez pleaded guilty, Hall filed an amended writ petition, which in addition to the original date discrepancy allegation, also alleged that the DMV violated his due process right to a fair hearing because Benavidez took bribes in other cases. ( Hall I , supra , 3 Cal.App.5th at p. 800,
After conducting a hearing, the court granted Hall's amended petition on due process grounds, but denied Hall the relief he requested. Instead, the court remanded the matter to the DMV to conduct a new hearing with an impartial hearing officer. ( Hall I , supra , 3 Cal.App.5th at p. 806,
The DMV advised Hall that he had "been granted a denovo [sic ] hearing" at a "mutually agreeable" date and time. Later that month, the DMV attempted to contact Hall's attorney to schedule a hearing; however, he did not return calls. The DMV set Hall's new hearing for July 31, 2015; however, on July 20 Hall filed a notice of appeal from the superior court's order and the DMV cancelled the hearing.
E. Hall I
Unsatisfied with a de novo DMV hearing, Hall appealed, asserting the court should instead have ordered the DMV to reinstate his driver's license. ( Hall I , supra , 3 Cal.App.5th at p. 797,
F. Attorney Fee Motion
After Hall I became final, Hall's attorney filed a motion in the superior court seeking $145,044 in attorney fees under Code of Civil Procedure 3 section 1021.5. This consisted of a lodestar of $72,522 based on 183.6 hours at $395 per hour, which Hall asserted should be doubled. Alternatively, Hall sought the maximum under Government Code section 800.
After conducting a hearing, the court denied Hall's attorney fee motion. The court determined Hall was not successful because "the remedy that [the] trial court imposed was proper and affirmed on appeal[,] while Hall's argument on the proper remedy, i.e. suspension revoked, was rejected." The court noted that Hall was "trying ... to portray his case as one imposing a significant benefit to the general public, even though he was unsatisfied with the remand remedy from the very start." The court also determined that Hall's litigation did not result in any public benefit regarding the admissibility of documents in a DMV hearing because Hall I declined to decide that issue.
*188DISCUSSION
I. THE COURT CORRECTLY DENIED HALL'S ATTORNEY FEE MOTION
A. Section 1021.5
Generally, parties in litigation pay their own attorney fees. ( Gray v. Don Miller & Associates, Inc. (1984)
Section 1021.5 provides in part: "[A] court may award attorneys' fees to a successful party against one or more opposing parties in any action which has resulted in the enforcement of an important right affecting the public interest if: (a) a significant benefit ... has been conferred on the general public or a large class of persons, (b) the necessity and financial burden of private enforcement ... are such as to make the award appropriate, and (c) such fees should not in the interest of justice be paid out of the recovery, if any."
Thus, to obtain fees under section 1021.5, the moving party must establish all of the following: (1) he or she is a "successful party," (2) the action has resulted in the enforcement of an important right affecting the public interest, (3) the action has conferred a significant benefit on the public or a large class of persons, and (4) an attorney fees award is appropriate in light of the necessity and financial burden of private enforcement. ( Sagaser v. McCarthy (1986)
B. The Standard of Review
Generally, we review the trial court's determination of whether the requirements under section 1021.5 have been satisfied for abuse of discretion. ( Espejo v. Copley Press, Inc. (2017)
*761C. Analysis Under Section 1021.5
Asserting the court erred in denying attorney fees under section 1021.5, Hall contends that important due process rights were vindicated by Hall I , supra ,
" 'The term "successful party," as ordinarily understood, means the party to the litigation that achieves its objectives.' " ( Save Our Heritage , supra , 11 Cal.App.5th at p. 160,
In Leiserson , supra ,
This court held as a matter of law that Leiserson was not a "successful" litigant within the meaning of section 1021.5. ( Leiserson, supra, 202 Cal.App.3d at pp. 733, 736,
In sum, the plaintiff in Leiserson , supra ,
Leiserson , supra ,
Unsatisfied with the trial court's ruling giving him a new hearing with an impartial hearing officer, Hall insisted on appeal that this court must reinstate his driver's license. ( Hall I , supra , 3 Cal.App.5th at pp. 806-807,
Under California law, a plaintiff may be deemed to have been successful under section 1021.5 by succeeding on any significant issue in the litigation which achieves some of the benefit plaintiff sought in bringing suit. ( Center for Biological Diversity v. California Fish & Game Com. (2011)
Another test established in case law for determining whether a party was successful under section 1021.5 is the before-and-after test. Under this *191test, courts consider the situation immediately prior to the commencement of the suit and the situation after. ( People v. Investco Management & Development LLC (2018)
Disagreeing with this conclusion, Hall characterizes the litigation as vindicating the public's right to due process and a fair DMV hearing officer. Hall's attempt to recast the purpose, scope, and outcome of the litigation is not persuasive. Although the subject of impartial decision makers and due process undoubtedly is an important right affecting the public interest, in no sense did Hall cause it to be enforced because when offered the very remedy the trial court ordered and this court affirmed in Hall I , supra ,
*763Hall also contends he was successful within the meaning of section 1021.5 because in Hall I , supra , 3 Cal.App.5th at page 811,
Hall additionally contends that the publication of Hall I , supra ,
Moreover, even assuming for the sake of argument that Hall was "successful" within the meaning of section 1021.5, we would still affirm the trial *192court's ruling because Hall cannot satisfy another essential requirement-that an attorney fee award is appropriate in light of the necessity and financial burden of private enforcement.
"The private attorney general theory recognizes citizens frequently have common interests of significant societal importance, but which do not involve any individual's financial interests to the extent necessary to encourage private litigation to enforce the right. [Citation.] To encourage such suits, attorney's fees are awarded when a significant public benefit is conferred through litigation pursued by one whose personal stake is insufficient to otherwise encourage the action." ( Beach Colony II v. California Coastal Commission (1985)
Here, it is indisputable that Hall had a significant personal stake in seeking reinstatement of his driver's license-he filed his original writ petition seven months before even knowing that Benavidez was being investigated for taking bribes. During that period, when there was no issue involving a corrupt decision maker, Hall's attorney billed 32.3 hours ($12,758.50) in prosecuting the case.
Once Hall learned about the charges against Benavidez, he amended his writ petition to also allege that Benavidez's bribery in other cases deprived him of due process at his hearing. Hall's motive was always about his self-interest in getting his license reinstated. His reliance on the DMV's duty to provide an impartial hearing officer was not an issue he created. It fell in his lap, a fortuity of timing, and it was simply another alternative means to his desired end-license reinstatement-but *764never the goal itself. For litigating in the trial court this additional ground for relief, Hall's attorney billed an additional 32.4 hours-nearly the same amount of time spent litigating in the superior court before Hall's attorney even knew that Benavidez was charged with taking bribes.
Placing the litigation burden on Hall is eminently fair because he was willing to place it upon himself for seven months of litigation, incurring $12,758.50 in attorney fees. Moreover, once the due process violation was remedied by the order granting Hall a de novo DMV hearing, this litigation *193proceeded solely to vindicate Hall's personal goal of having his license reinstated without undergoing a new hearing. That unsuccessful effort, costing Hall an additional $19,434 in attorney fees (49.2 hours) does not warrant reimbursement at the public's expense.
Because Hall is not a successful party under section 1021.5 and, even if he were, his personal stake in the litigation precludes an award under section 1021.5, it is unnecessary to consider his remaining contentions that the court erred in denying his motion for attorney fees under section 1021.5. ( Urbaniak , supra , 19 Cal.App.4th at p. 1844,
D. Government Code Section 800
To obtain attorney fees under Government Code section 800, Hall must show, among other things, that he "prevail[ed]" in his civil action challenging the administrative proceeding. ( Gov. Code, § 800, subd. (a).) For purposes of attorney fee statutes, the terms "prevailing party" and "successful party" are synonymous. ( Tipton-Whittingham v. City of Los Angeles (2004)
E. Costs
The court awarded Hall $1,662 in costs. In a footnote in his opening brief, under the topic heading "Judgment or Order from which the Appeal is Taken," Hall contends the court erroneously failed to award him $132.88 in additional costs he incurred after filing his cost memorandum.
An appellate brief must state each point under a separate heading. (Rule 8.204(a)(1)(B).) Because Hall's argument about $132.88 in costs is not distinctly set forth and developed under a separate heading, he has forfeited this issue. (See People v. Crosswhite (2002)
Moreover, even if not forfeited, the argument is unavailing because (1) Hall concedes that these costs were not included in his memorandum of costs; and (2) to the extent Hall incurred the $132.88 in costs after his memorandum of costs was otherwise required to be filed, he has not shown *194that he sought (and was erroneously denied) an extension of time to file his cost memorandum under rule 3.1700(b)(3).
The order is affirmed. Respondent to recover costs incurred on appeal.
WE CONCUR:
HALLER, J.
GUERRERO, J.
Without evidence that police properly admonished Hall about the consequences of his refusal to submit to a blood alcohol test, the DMV could not have properly suspended or revoked Hall's license. (Hall I , supra , 3 Cal.App.5th at p. 803,
Asserting that he was the prevailing party on appeal, Hall's opening brief states, "The superior court ruled that there was no due process violation ... but that decision was reversed by the Court of Appeal ...." Hall makes similar assertions in his reply. Hall is incorrect. In Hall I , supra, 3 Cal.App.5th at page 805,
Government Code section 800 provides in part: "(a) In any civil action to appeal or review the ... determination of any administrative proceeding ... if it is shown that the ... determination of the proceeding was the result of arbitrary or capricious action or conduct by a public entity or an officer thereof ... the complainant if he or she prevails in the civil action may collect ... attorney's fees ... but not to exceed seven thousand five hundred dollars ($7,500)."
Although the DMV cites Leiserson , supra ,
The record does not reflect the result of Hall's new DMV hearing. For that reason, the DMV's reliance on Center for Biological Diversity , supra ,
Billing records Hall's attorney submitted show he has spent more time attempting to obtain an attorney fee award (69.7 hours) then he did litigating the merits of Hall I (45.5 hours). (See Dorsey v. Superior Court (2015)
Rule 8.278(c)(1), governing costs on appeal, provides that a party claiming such costs must file a memorandum of costs in the superior court under rule 3.1700. Rule 3.1700(b)(3) provides in part: "The party claiming costs and the party contesting costs may agree to extend the time for serving and filing the cost memorandum and a motion to strike or tax costs. ... In the absence of an agreement, the court may extend the times for serving and filing the cost memorandum ... for a period not to exceed 30 days."
Reference
- Full Case Name
- Branden Lee HALL, and v. DEPARTMENT OF MOTOR VEHICLES, and
- Cited By
- 13 cases
- Status
- Published