CCP § 1021.5 mandatory fee recovery for solo lawyers enforcing California Department of Alcoholic Beverage Control (ABC) winegrower licensing requirements against unlicensed wine production and sales operations under B&P Code § 23390 without a current ABC Type 02 Winegrower license. American Society for Enology and Viticulture (ASEV) Enological Guidelines + Wine Institute of California Quality Standards and Production Guidelines advisory. PURE KETCHUM.
B&P Code § 23390 (read in conjunction with §§ 23010, 23050, 23060) requires California Department of Alcoholic Beverage Control (ABC) Type 02 Winegrower license for the production, manufacture, blending, and sale of wine in California. Under California Code of Regulations (CCR) Title 4 §§ 50–90, ABC-licensed Type 02 Winegrowers must maintain complete vineyard or grape purchase records documenting grape variety, AVA (American Viticultural Area), vintage year, and ton weight; complete cellar records documenting fermentation, blending, fining, filtration, and bottling operations including lot numbers and volumes; Alcohol and Tobacco Tax and Trade Bureau (TTB) formula approval records for any wine with added flavor compounds; California Board of Equalization (BOE) wine excise tax records and reports for all wine produced and sold; mandatory label compliance with California Business and Professions Code §§ 25200–25299 and TTB label approval (COLA) for all wine sold with label designations (vintage, varietal, appellation of origin); and ABC premises license posted at the licensed premises. DISTINCT FROM ABC Licensed Type 20 Off-Sale Beer and Wine B&P Code § 23393 — Type 20 authorizes retail sale of beer and wine to consumers for off-premises consumption; Type 02 authorizes the manufacture and production of wine and sale at wholesale and to consumers from the winery premises. DISTINCT FROM ABC Licensed Type 21 Off-Sale General (Liquor Store) B&P Code § 23393 — Type 21 authorizes retail sale of beer, wine, and distilled spirits; Type 02 covers wine production and manufacturing activities. DISTINCT FROM ABC Licensed Type 17 (Beer and Wine Wholesaler) — Type 17 authorizes wholesale distribution of beer and wine; Type 02 covers wine production at the winery premises. DISTINCT FROM ABC Licensed Type 23 (Small Beer Manufacturer) — Type 23 covers beer production and brewing; Type 02 covers wine production including fermentation, aging, blending, and bottling.
Under Ketchum v. Moses, 24 Cal.4th 1122 (2001), private professional association standards are admissible advisory evidence to calibrate reasonable hours and lodestar multipliers — they are not independent fee-shifting statutes. Both standards below are firsts in this fee-petition-mechanics series.
THE ONLY PAGE IN THE FEE-PETITION-MECHANICS SERIES WITH AN ASEV ENOLOGICAL GUIDELINES AND BEST PRACTICES ADVISORY. ASEV (American Society for Enology and Viticulture, founded 1950, Davis CA; with 2,500+ member enologists, viticulturists, and wine scientists worldwide; headquartered at the University of California Davis, the global center of enology and viticulture research; ASEV is the leading scientific organization for wine production standards and publishes peer-reviewed guidelines used by California wineries and ABC in evaluating licensed winery operations) publishes Enological Guidelines and Best Practices as the technical framework for ABC-licensed winegrower operations. DISTINCT FROM Wine Institute of California Quality Standards (ASEV Guidelines govern the enological science and technical production standards — sulfite levels, volatile acidity limits, stabilization procedures, fining agent documentation, lot tracking systems, and analytical testing protocols; Wine Institute Standards govern the wine industry business practices — labeling compliance, appellation of origin documentation, TTB label approval, California agricultural marketing requirements, and consumer protection standards). TWO PRIVATE STANDARDS ON ONE PAGE.
THE ONLY PAGE IN THE FEE-PETITION-MECHANICS SERIES WITH A WINE INSTITUTE OF CALIFORNIA QUALITY STANDARDS AND PRODUCTION GUIDELINES ADVISORY. Wine Institute (founded 1934, San Francisco CA; 1,000+ California winery member companies representing 85% of California wine production; the statewide trade association for California wineries and an advocate for California winery interests before the California Legislature, ABC, and TTB; Wine Institute's quality and labeling standards inform ABC compliance requirements and are incorporated into Wine Institute member winery operating agreements) publishes Quality Standards and Production Guidelines as the industry best-practices framework for California ABC-licensed winegrower operations. DISTINCT FROM ASEV Enological Guidelines (Wine Institute Standards govern the wine business practices and consumer protection compliance — TTB label approval procedures, California appellation of origin documentation, AVA certification, vintage dating requirements, California agricultural marketing requirements, and wine direct shipping compliance for licensed wineries; ASEV Guidelines govern the enological science and technical production — wine chemistry, sulfite levels, analytical testing protocols). TWO PRIVATE STANDARDS ON ONE PAGE.
Operated unlicensed winery without ABC Type 02 Winegrower license for 22 months, producing 18,400 cases from leased bonded winery premises. No TTB Brewer's Notice. No ASEV-compliant sulfite testing or SO2 declarations on any wine sold. Wine sold with false "Napa Valley" AVA appellation of origin label without TTB COLA or 85% Napa Valley grape documentation per Wine Institute Standard 3. No CDTFA wine excise tax remittances ($280,000+ owed). No age-verification for direct-to-consumer shipments. ABC criminal referral. DCA citation $285,000.
Continued winery operations with ABC Type 02 license expired 16 months, selling 8,200 cases. ASEV Guideline 4.3 sulfite testing absent for 14 wine lots sold — SO2 levels undisclosed. Wine labels bearing "Estate Bottled" designation without required Wine Institute/TTB documentation confirming 100% estate-grown grapes. CDTFA wine excise tax unreported for entire unlicensed period. Direct shipment to 3 states not authorizing California winery shipping. 2 sales to minors at tasting room without ABC-compliant age verification during unlicensed period. DCA citation $195,000.
Operated unlicensed "custom crush" winery and tasting room without ABC Type 02 license, producing 3,100 cases for 6 clients and selling wine direct to public. No TTB registration. No ASEV-compliant analytical testing. Labels with false vintage year designations and varietal claims without TTB COLA. No CDTFA excise tax account. Direct-to-consumer wine club shipments without age verification records. DCA citation $95,000.
Primary anchor: California Department of Alcoholic Beverage Control (ABC) license search at abc.ca.gov — search by premises address and business name under license type "Type 02 Winegrower" to confirm no active B&P Code § 23390 ABC Type 02 license during the relevant period. Secondary anchors: TTB Permits Online confirming absent TTB Brewer's Notice/Winery Bond registration; CDTFA wine excise tax records confirming no excise tax remittances; ASEV-compliant laboratory testing records confirming absent sulfite and volatile acidity testing per ASEV Guideline 4.3; TTB Certificate of Label Approval (COLA) database confirming absent COLA for wine labels sold with appellation/varietal/vintage designations per Wine Institute Standard 3; CDFA wine registration records confirming absent California wine registration; direct shipment records confirming absent age-verification for consumer shipments.
| Billing Gap | Activity | Hours | @ $300/hr | @ $500/hr |
|---|---|---|---|---|
| Gap 1 | ABC license search verification, TTB Permits Online confirmation, ASEV/Wine Institute standards research, sulfite testing and label compliance failure analysis, excise tax and appellation documentation deficiency review | 5.25 | $1,575 | $2,625 |
| Gap 2 | Drafting CCP § 1021.5 petition, Welch declaration (ABC license + TTB registration + sulfite/label/excise deficiencies), lodestar calculation, ASEV/Wine Institute advisory framing, consumer harm analysis (untested wine, false labeling) | 4.00 | $1,200 | $2,000 |
| Gap 3 | Opposition response, fees-on-fees supplemental brief (Missouri v. Jenkins), multiplier argument, hearing preparation | 4.00 | $1,200 | $2,000 |
| Total | 13.25 | $3,975 | $6,625 | |
B&P Code § 23390 authorizes a licensed Type 02 Winegrower to produce, manufacture, blend, and sell wine in California from licensed winery premises. The license requires TTB Brewer's Notice/Winery Bond, CDTFA wine excise tax account, TTB Certificate of Label Approval (COLA) for all wine labels with varietal, vintage, or appellation designations, ASEV-compliant analytical testing for sulfites and wine chemistry, CDFA wine registration, and ABC-required age verification for all wine sales including direct-to-consumer shipments.
An ABC Type 20 Off-Sale Beer and Wine license authorizes a retail licensee to sell beer and wine produced by others to consumers for off-premises consumption. An ABC Type 02 Winegrower license authorizes a winery to produce wine through fermentation, aging, blending, and bottling and to sell that wine at wholesale to retailers and distributors and directly to consumers from the licensed winery premises. Enforcement of the Type 02 license under CCP § 1021.5 targets the distinct harm of unlicensed wine production operations selling wine without ABC oversight, TTB excise tax compliance, ASEV-required chemical testing, Wine Institute-required label compliance, and consumer age-verification requirements.
ASEV Enological Guidelines govern the technical production standards for wine chemistry — sulfite levels, volatile acidity limits, stabilization procedures, fining agent documentation, lot tracking, and analytical testing protocols. Wine Institute of California Quality Standards govern the business practices and consumer protection compliance — TTB Certificate of Label Approval procedures, California appellation of origin documentation, vintage dating requirements, California wine excise tax compliance, and direct-to-consumer shipping age-verification requirements. Both serve as independent Ketchum advisory sources calibrating different dimensions of reasonable hours: ASEV for production chemistry and testing failures, Wine Institute for label compliance and consumer protection failures.
Yes. PURE KETCHUM applies when (1) the fee petition rests solely on CCP § 1021.5 with no concurrent federal fee-shifting statute, and (2) the private professional standards (ASEV, Wine Institute) are used only as Ketchum advisory evidence to calibrate reasonable hours — not as independent fee-shifting claims. Burlington Northern v. Dague (1992) does not apply because 28 U.S.C. § 1988 is not at issue.
The Welch declaration establishes unlicensed status via: (1) ABC license search confirming no active B&P Code § 23390 Type 02 Winegrower license, (2) TTB Permits Online confirming absent TTB Brewer's Notice/Winery Bond registration per ASEV Guideline 2.1, (3) CDTFA records confirming absent wine excise tax account and remittances, (4) ASEV-compliant sulfite and wine chemistry testing records confirming absent analytical testing per ASEV Guideline 4.3, (5) TTB COLA database confirming absent label approvals for wine sold with appellation/varietal/vintage designations per Wine Institute Standard 3, and (6) ASEV/Wine Institute standards evidence quantifying the consumer harm — unlicensed, chemically untested wine sold with potentially false appellations, varietal, and vintage claims without ABC oversight or TTB compliance.
ClaimHour captures every billable tenth-of-an-hour across ABC license research, ASEV/Wine Institute standards review, TTB and CDTFA record analysis, Welch declaration drafting, and hearing prep — without a practice management system.
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