County of Santa Clara, Petitioners v. the Superior Court of Santa Clara County, Responde — Werdegar, J…

Summary

Justice Werdegar concurred in vacating the order that barred the public entities from paying private counsel under contingent-fee agreements. The concurrence agrees that the prior categorical prohibition on contingent fees in public-nuisance cases was too broad, but expresses concern that agreements tied to abatement value may create incentives affecting litigation strategy. It also emphasizes that defendants' lengthy delay in challenging the agreements could make the motion effectively disqualifying and tactically prejudicial.