First American Title Ins. v. Cal. Dept. of Tax and Fee Admin. CA4/1

DISCUSSION

Code of Civil Procedure, section 128, subdivision (a)(8), provides in relevant part: “An appellate court shall not reverse or vacate a duly entered judgment upon an agreement or stipulation of the parties unless the court finds both of the following: ¶ (A) There is no reasonable possibility that the interests of nonparties or the public will be adversely affected by the reversal. ¶ (B) The reasons of the parties for requesting reversal outweigh the erosion of public trust that may result from the nullification of a judgment and the risk that the availability of stipulated reversal will reduce the incentive for pretrial settlement.”

2 In this case, the parties’ reason for seeking a stipulated reversal is well- grounded in legal authority. Upon reversal of the underlying judgment, it necessarily follows that the trial court’s award of attorney fees under a statute authorizing a fee award to a prevailing party must also be reversed. (See National Parks and Conservation Assn. v. County of Riverside (2000) 81 Cal.App.4th 234, 238.) Thus, there could be no erosion of public trust because reversal is compelled by law. On a broader level, public trust in the courts is…