Vasquez

McCONNELL, P.J.

In this taxpayer waste action, the State of California (the State) appeals an order awarding Cristina Vasquez additional attorney fees under the private attorney general statute (Code Civ. Proc., [1] ß 1021.5) for work pertaining to the enforcement of a stipulated injunction that requires the State to comply with Proposition 139, the Prison Inmate Labor Initiative of 1990 (Pen.Code, ß 2717.1 et seq.), by compelling joint venture employers to pay inmates wages that are comparable to wages paid in the private sector. The State contends Vasquez is not entitled to fees because after entry of the stipulated injunction she is no longer a successful party within the meaning of Code of Civil Procedure section 1021.5, her continued involvement did not result in implementation of the injunction or confer a significant benefit on the public, and she was required to make a prelitigation settlement attempt as a prerequisite to obtaining fees. We conclude the State waived the last issue by not raising it at the trial court, and in any event Vasquez was excused from any prelitigation settlement requirement under futility principles. We conclude the other contentions also lack…