Leiserson

Steven Leiserson appeals an order denying his motion for more than $40,000 in attorney’s fees pursuant to Code of Civil Procedure section 1021.5 which provides for the award of attorney’s fees under a private attorney general theory. Leiserson contends the trial court erred in concluding he was not a successful litigant for the purposes of such an award because, although his tort action was financially unsuccessful, his lawsuit was the catalyst for the public benefit he perceives flowing from our appellate pronouncement delineating previously undefined rights of news-gatherers at disaster sites and the City’s amendment of its written police policies regarding these persons at disaster sites. Defendants City of San Diego et al. (City) respond by asserting the motion was patently frivolous, untimely and was properly denied and cross-appeal claiming the trial court abused its discretion in denying their request for sanctions under section 128.5. For the reasons which follow, we conclude as a matter of law Leiserson was not a “successful” party within the meaning of section 1021.5 and, thus, is not entitled to attorney’s fees. We also hold the issues he raises and his appeal…