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CENTER FOR BIOLOGICAL DIVERSITY v. CALIFORNIA FISH & GAME COM.

No. A127555.

195 Cal.App.4th 128 (2011)

CENTER FOR BIOLOGICAL DIVERSITY, Plaintiff and Respondent, v. CALIFORNIA FISH AND GAME COMMISSION et al., Defendants and Appellants.

Court of Appeals of California, First District, Division Two.

April 8, 2011.

Attorney(s) appearing for the Case

Edmund G. Brown, Jr. , Attorney General, Kathleen Kenealy and Mary Hackenbracht , Assistant Attorneys General, John Davidson , William N. Jenkins , Daniel S. Harris , and Michael M. Edson , Deputy Attorneys General, for Defendants and Appellants.

Earthjustice, Deborah S. Reames and Gregory C. Loarie for Plaintiff and Respondent.

OPINION

RICHMAN, J.—

Last year, this court determined that Code of Civil Procedure section 1021.5 (section 1021.5) would not support an award of attorney fees for a remand to an administrative agency to reconsider a previously decided matter, when the remand was for a perceived procedural defect and resulted in no demonstrable substantive change in the agency's position. We held...

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