Tipton-Whittingham

We granted the request of the United States Court of Appeals for the Ninth Circuit to answer two related questions of law. (Cal. Rules of Court, rule 29.8.) (1) May attorney fees, as provided for in Code of Civil Procedure section 1021.5 and Government Code section 12965, subdivision (b), be awarded where the plaintiff has been the “catalyst” in bringing about the relief sought by the litigation? (2) If the catalyst theory is viable under California law, will that theory support an award of attorney fees where the plaintiff “activates” the defendant to modify its behavior; or does California law require a judicially recognized change in the legal relationship between the parties, such as a judgment on the merits, a consent decree, or a judicially ordered settlement?

The facts, as described in the request for decision, are as follows: The City of Los Angeles (the City), appeals from the district court’s order of September 21, 2001, awarding interim catalyst attorney fees and costs, under California law, to plaintiffs, Terry Tipton-Whittingham et al. The case filed in the district court is a class action on behalf of women officers and women civil employees of the Los…

I dissent. The United States Court of Appeals for the Ninth Circuit has asked us to answer two related certified questions of California law: (1) May attorney fees, as provided for in Code of Civil Procedure section 1021.5 and Government Code section 12965, subdivision (b), be awarded where the plaintiff has been the “catalyst” in bringing about the relief sought by the litigation? (2) If the catalyst theory is viable under California law, will that theory support an award of attorney fees where the plaintiff “activates” the defendant to modify its behavior; or does California law require a judicially recognized change in the legal relationship between the parties, such as a judgment on the merits, a consent decree, or a judicially ordered settlement?

The certification request (Tipton-Whittingham v. City of Los Angeles (9th Cir. 2003) 316 F.3d 1058, 1060-1061 ) informs us that plaintiffs filed this action as a class action seeking injunctive relief and damages against the City *611 of Los Angeles (City) on behalf of women officers and women civil employees of the Los Angeles Police Department (LAPD). The suit alleges they have been subjected to racial or sexual discrimination, or…

F. Paul Bland, Kerry-Ann T. Powell, Victoria W. Ni, Oakland, Arthur H. Bryant; Michael Schuster, Deborah Zuckerman, Wash., D.C.; and Mark Savage, San Francisco, for Trial Lawyers for Public Justice, AARP, ACLU of Northern California, ACLU of San Diego and Imperial Counties, Asian Law Caucus, Asian Pacific American Legal Center of Southern California, Bet Tzedek-The House of Justice, California League for Environmental Enforcement Now, California Women's Law Center, Consumers Union of U.S., Inc., Disability Rights Advocates, Disability Rights Education and Defense Fund, Inc., The First Amendment Project, The Impact Fund, Law Offices of Joaquin G. Avila, Lawyers' Committee for Civil Rights of the San Francisco Bay Area, Legal Aid Foundation of Los Angeles, Mexican American Legal Defense and Educational Fund, National Association of Consumer Advocates, National Center for Youth Law, Prison Law Office, Protection and Advocacy, Inc., Public Advocates, Inc., Public Citizen, Public Counsel, Public Interest Law Project, Rosen, Bien & Asaro, Western Center on Law and Poverty, Western Law Center for Disability Rights and Youth Law Center as Amici Curiae on behalf of Plaintiffs and…