United States v. City of Los Angeles

MEMORANDUM *

The City of Los Angeles appeals an attorneys’ fee award under California Code of Civil Procedure § 1021.5 to Richard Hurst and Shawn Phillips, job applicants who sought to challenge the legality of a 1974 consent decree governing the hiring practices of the Los Angeles Fire Department. After Hurst and Phillips filed motions to intervene in September of 2001, the district court stayed consideration of their motions pending review of the consent decree by the original parties to the suit, the United States and City of Los Angeles. The original parties subsequently moved to dissolve the consent decree. The district court vacated the consent decree and denied the motions to intervene as moot. Hurst and Phillips then successfully applied for attorneys’ fees under a catalyst theory. We now reverse and vacate the order granting attorneys’ fees.

Section 1021.5 authorizes a court to “award attorneys’ fees to a successful party against one or more opposing parties in any action which has resulted in the enforcement of an important right affecting the public interest.” Cal.Code Civ. Proc. § 1021.5. The City argues that because Hurst and Phillips were never granted permission…