Bonta
Labotest, Inc. v. Bonta
Opinion
Lead Opinion
Silverman, J.
Plaintiffs Frank Brown, M.D.,'and Labo-test (collectively “Labotest”) sued the California Department of Health Services (“DHS”) under 42 U.S.C. § 1983 following DHS’s imposition of administrative sanctions. Prior to trial, the parties entered into two stipulations, the first of which lifted two of the three sanctions, and the judge signed two attached orders, the second of which incorporated the first stipulation into the court’s final order. DHS and Labotest filed cross-motions for summary judgment on the third remaining sanction, which the district court decided in DHS’s favor. Ultimately, the parties entered into a settlement agreement which they presented to the court for its approval. It provided that the first stipulation for the lifting of sanctions was to remain in effect.
Labotest then moved for attorney’s fees as the prevailing party under 42 U.S.C. § 1988 , which motion the district court denied. We hold that a plaintiff who succeeds in obtaining a court order incorporating an agreement that includes relief the plaintiff sought in the lawsuit is not a mere catalyst — he is a prevailing party for attorney’s fees purposes.