LOZANO SMITH RECOVERS ATTORNEYS’ FEES AWARD IN STATE MANDATE AUDIT RULES LITIGATION

June 2011
Number 11

School and community college district petitioners in Clovis Unified School District et al. v. Chiang, Sacramento County Superior Court Case No. 06CS00748, were recently found to be prevailing parties under Code of Civil Procedure section 1021.5 (the California private attorney general statute). For their efforts against respondent California State Controller’s Office (“SCO”) and based upon their prevailing party status, petitioners and their counsel Lozano Smith were awarded over $218,000 in attorneys’ fees. In Chiang, petitioners challenged certain auditing practices by the SCO, and succeeded on the most substantial issue in the litigation by establishing that the SCO’s contemporaneous source document auditing rule, used in the audits of several state mandate programs, was an unlawful underground regulation—ultimately resulting in a published appellate decision. Lozano Smith attorneys Gregory Wedner and Sloan Simmons represented petitioners in the litigation.

To learn more about Lozano Smith’s involvement and partnerships with school districts, please do not hesitate to contact one of our eight offices located statewide or consult our website.

© 2011 Lozano

Advertisements

Comments are closed.