Judge: Erick L. Larsh, Case: Doe7078v.Doe1, Date: 2023-08-10 Tentative Ruling

Defendant Garden Grove Unified School District’s motion to strike the prayer for attorney fees in the First Amended Complaint [FAC] is DENIED. (Code Civ. Proc., §§ 435, 436 [authorizing motion].) Defendant Gene LeClerc’s joinder is likewise DENIED.

Moving defendants shall each file an Answer to the FAC within 10 days.

First, no point is served in striking an attorney fee prayer, as there is “no requirement they be pled at all.” (Snatchko v. Westfield LLC (2010) 187 Cal.App.4th 469, 497.)

Second, “[w]hile [Code Civ. Proc.] section 1021.5 does not permit awards ‘for litigants motivated by their own interests who coincidentally serve the public’ [citation], “fees may not be denied merely because the primary effect of the litigation was to benefit the individual rather than the public” [citation].) (Doe v. Westmont College (2021) 60 Cal.App.5th 753, 764–765.) At this pleading stage, the court is not in a position to decide whether the statutory requirements for such fees are met; this can only be determined after the litigation is resolved.

Third, notwithstanding the reference to the Code of Civil Procedure in ¶ 6 of plaintiff’s prayer for damages, the FAC sufficiently alleges grounds to recover attorney fees and civil penalties against defendant LeClerc pursuant to Civ. Code, § 52, subds. (a) and (b). If defendant LeClerc desires clarification, that can be obtained in discovery. (Lickiss v. Financial Industry Regulatory Authority (2012) 208 Cal.App.4th 1125, 1135.)

Plaintiff shall give notice.