Hospital Systems, Inc. v. Office of Statewide Health Planning & Development

The question presented in this appeal is whether Code of Civil Procedure section 1021.5 authorizes an award of attorney fees to a party who prevails at an administrative hearing and thereby resolves a dispute without resorting to a lawsuit. The plaintiff in this case filed an independent action for attorney fees under this statute after it had prevailed in an administrative proceeding. The trial court granted judgment on the pleadings in favor of defendant. We conclude that the clear language of the statute precludes a court from awarding fees in such a case and therefore shall affirm the judgment.

Factual and Procedural Background

Under the Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1982 (Health & Saf. Code, § 15000 et seq.), the Office of Statewide Health Planning and Development (OSHPD) is charged with the duty of “observing] the construction of, or addition to, any hospital building or the reconstruction or alteration of any hospital building, as it deems necessary to comply with this chapter for the protection of life and property.” (Health & Saf. Code, § 15040.) OSHPD is also required to “pass upon and approve or reject all plans for the…