Samantha C. v. State Department of Developmental Services

Samantha C. appeals from an order of the trial court denying her motion for attorney fees under Code of Civil Procedure section 1021.5. 1 Samantha contends that the court abused its discretion in denying her motion because she was a successful party in an action against the State Department of Developmental Services (DDS) and Harbor Regional Center (HRC) which resulted in a published opinion that enforced an important right affecting the public interest by defining the meaning of the terms “ ‘treatment’ ” and “ ‘solely’ ” for applicants seeking services under the Lanterman Developmental Disabilities Services Act (Lanterman Act). (Welf. & Inst. Code, § 4500 et seq.) In Samantha C. v. State Dept. of Developmental Services *74 (2010) 185 Cal.App.4th 1462 [ 112 Cal.Rptr.3d 415 ] (Samantha C.), we held that in denying benefits to Samantha, HRC misinterpreted that part of Welfare and Institutions Code section 4512, subdivision (a) known as the “fifth category” and that under the correct interpretation, Samantha was entitled to benefits. In this appeal, we conclude that our holding resulted in the enforcement of an important right affecting the public interest and conferred a…