Vasquez oral argument

The docket confirms that on Wednesday, September 3, 2008, the Supreme Court heard oral argument in Vasquez v. State of California, no. S143710, which raises the following issue:

Does the rule that, in order to receive attorney fees under Code of Civil Procedure section 1021.5, the plaintiff must first reasonably attempt to settle the matter short of litigation, apply to this case? (See Graham v. DaimlerChrysler Corp. (2004) 34 Cal.4th 553, 557; Grimsley v. Board of Supervisors (1985) 169 Cal.App.3d 960, 966-967.).

I was out of town on the day of the argument, and I have received no reports on it. We can expect an opinion to be handed down no later than December 1, 2008.