The Rules for Determining the Successful Party under the Private Attorney General Fee Statute Governing Awards of Fees under the California Public Records Act

In Garcia v. Governing Board of Bellflower Unified School Dist., published October 24, 2013, the Second District Court of Appeal, Division Three, affirmed an award of attorney fees to a petitioner who obtained a writ of mandate from the superior court compelling the a school district to produce records under a California Public Records Act (Gov. Code, section 6250 et seq.) request.  The court ordered the district to produce documents responsive to three of the petitioner's requests, deniedthe petition as to three requests, and ruled that two of the requests had been resolved and were no longer at issue.  The court determined that under the Act's fee statute, Government Code section 6259, the petitioner was the prevailing party and entitled to her fees.  The appellate court affirmed.  Although section 6259 does not define the term "prevailing party," the appellate court held that the term was synonymous with "successful party," the term used in the Private Attorney General fee statute, Code of Civil Procedure section 1021.5.  It therefore held that the same definition applies:  a party prevails if it succeeds on any significant issue in the petition or lawsuit enforcing the Act, and achieves some of the benefit sought.  The trial court acted within its discretion in determining that the petition was the prevailing party under this definition.