State Supreme Court reverses Brand, Nehrenheim attorney’s fees award
by Garth Meyer Reversed – The California State Supreme Court has turned back an Appeals Court decision that granted attorney’s fees to Redondo Beach Mayor Bill Brand and City Councilman Nils Nehrenheim, after a 2019 trial court victory. The ruling was announced Monday after testimony Dec. 7 in San Francisco. “Consistent with the standard adopted in similar contexts, a prevailing defendant under the Political Reform Act ‘should not be awarded fees and costs unless the court finds the action was objectively without foundation when brought, or the plaintiff continued to litigate after it clearly became so,” wrote Chief Justice Patricia Guerrero in her opinion, signed by the six other justices. “Because the Court of Appeal affirmed an award of attorney’s fees under section 91003(a) in this case without first considering whether this standard had been met, we reverse the judgment and remand for further proceedings.” The issue now returns to the Second Appellate Court – Division Eight (Los Angeles) for it to decide the central question: was the lawsuit frivolous, unreasonable or without foundation? “We’re very pleased with the result,” said Betty Shumener, attorney for plaintiffs Chris…
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