California, United States of America
The following excerpt is from Gergov v. Valverde, B209408 (Cal. App. 7/21/2009), B209408 (Cal. App. 2009):
Government Code section 800 "permits a litigant who successfully challenges the determination of an administrative agency to recover attorney fees if the litigant demonstrates that the agency acted in an arbitrary or capricious manner. [Citation.] The statute sets out four conditions for the recovery of attorney fees: (1) a civil action to review a determination of an administrative proceeding; (2) the complainant prevailed against a public entity or official; (3) arbitrary or capricious action or conduct by a public entity or official; and (4) the complainant is personally obligated to pay the fees. [Citation.]" (Zuehlsdorf v. Simi Valley Unified School Dist. (2007) 148 Cal.App.4th 249, 255, fn. omitted.) We review the trial court's denial of attorney fees under this statute for an abuse of discretion. (Mitchell v. State Personnel Bd. (1979) 90 Cal.App.3d 808, 814.) Given that appellant failed to establish the requisite conditions of the statute, we find no basis to disturb the trial court's determination.
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