The Court of Appeal held that an agreement obligating a developer and city to indemnify LAFCO against claims arising from its annexation decision lacked consideration because the agreement simply required LAFCO to do what it was already obligated to do by statute. San Luis Obispo Local Agency Formation Commission v. City of Pismo Beach,
attorney's fees
Fees Under Private Attorney General Doctrine Denied Where CEQA Lawsuit Neither Enforced Important Rights Nor Conferred Significant Public Benefits
Attorney’s fees could not be recovered in a CEQA action in which the plaintiff obtained an initial stay of the project but the applicant later had the project approvals rescinded, citing inability to afford to litigate the case. Canyon Crest Conservancy v. County of Los Angeles, 46 Cal.App.5th 398 (2020).
Doron Kuhn sought to build a single-family residence on an undeveloped lot in Los Angeles County. Because the property was located on a steep hillside and construction would require removal of a protected coastal oak tree, Kuhn obtained a minor conditional use permit and an oak tree permit from the county. Plaintiff, Canyon Crest Conservancy, an organization formed by two of Kuhn’s neighbors, challenged the approvals alleging violations of CEQA.
After the trial court issued a stay of the permit approvals to preserve the status quo, Kuhn (who had been self-represented throughout the litigation) asked the County to vacate the permit approvals, stating he could not afford to continue the litigation. The County complied and plaintiff dismissed the case. The plaintiff then filed a motion for attorney fees under the private attorney general statute, Code of Civil Procedure section 1021.5. The trial court denied the motion, concluding that plaintiff failed to establish any of the requirements for a right to fees under the statute.
To obtain fees under section 1021.5, the moving party must establish that the action resulted in the enforcement of an important right affecting the public interest and that the action conferred a significant benefit on the public or a large class of persons.
Continue Reading Fees Under Private Attorney General Doctrine Denied Where CEQA Lawsuit Neither Enforced Important Rights Nor Conferred Significant Public Benefits
Award of Attorney’s Fees Warranted Where Plaintiff Lost on Most Claims But Achieved Primary Litigation Objective
A plaintiff challenging a city council’s interpretation of a local ballot measure was entitled to recover costs and attorney fees when successful on only one cause of action because the primary relief sought was granted. Friends of Spring Street v. Nevada City, 33 Cal.App.5th 1092 (2019).
In 1991, the Kendalls received a Conditional Use Permit…
An Attorney Fee Award Is Not Available To A Project Proponent That Successfully Defends A Challenge To Project Approvals Unless The Lawsuit Was Detrimental To The Public Interest.
A project sponsor can successfully defend an action brought to challenge a permit for its project, and satisfy the standards in Code of Civil Procedure section 1021.5 for an award of attorneys’ fees, but still have its fee claim rejected, if the court concludes the aim of the lawsuit was to protect, rather than curtail,…
Losing Plaintiff Cannot Recover Legal Fees
Commenting that “we have not found a threat of victory in this record,” the court of appeal ruled against a citizens’ group that brought a motion for attorneys’ fees after losing a CEQA challenge in the trial court. Coalition for a Sustainable Future in Yucaipa v. City of Yucaipa, 238 Cal. App. 4th 513…
Appellate Court Reaffirms Broad Discretion of Trial Courts to Determine Appropriate Attorneys’ Fees
The Fourth Appellate District upheld the trial court’s award of less than 10% of the fees requested by the prevailing petitioner in a CEQA case, finding no abuse of the broad discretion accorded trial courts in awarding fees. Save Our Uniquely Rural Community v. County of San Bernardino, No. E059524 (4th Dist., March 18,…
County Can’t Use Growth Control Initiative to Bar Previously-Approved Project
It takes an unusual set of circumstances for a California appellate court to find a regulatory taking based on denial of a discretionary land use entitlement. But those circumstances existed in a recent case in which the court not only found a taking, but upheld an award of attorney’s fees to the developer for both …
An Attorney Petitioner in a CEQA Suit Can Be Awarded Attorneys’ Fees
In a case of first impression, a court of appeal has held that an attorney can be a named petitioner in a CEQA case, litigate the case on behalf of all of the petitioners, and then, if the litigation succeeds, obtain an award of attorneys’ fees from the defendants for her work. Healdsburg Citizens for …
City Suing School District Can Recover Attorneys’ Fees, But Loses Most CEQA Claims
Decisions by school districts and colleges to build new schools or expand existing ones frequently lead to CEQA challenges from local cities. In the most recent of these conflicts to reach the court of appeal, the City of Maywood won confirmation that it was eligible to recover attorneys’ fees from a school district, but saw …
ACLU Files Brief in Support of Building Industry Association
It’s not every day that the American Civil Liberties Union and the Building Industry Association find themselves on the same side of an appellate case. But it can happen, as shown by an amicus curaie brief the ACLU filed today in support of an attorneys fees award to BIA for its successful challenge to a…