Costs: Winning CEQA District Properly Awarded $21,160.46 As Costs For Preparation Of Certified Administrative Record Where District Took Over Efforts Due To Petitioner’s Delay

Award Was Reduced From $38,836.54 Request.

            After a CEQA petitioner lost a writ proceeding, respondent District sought to recoup a total of $38,836.54 in costs for preparing the certified administrative record, in timely fashion, based on delays on the part of the petitioner initially electing to prepare the record. The trial judge granted the costs request, reducing it down to $21,160.46.

            Petitioner’s appeal of the costs award in LandWatch San Luis Obispo County v. Cambria Community Services Dist., Case No. B281823 (2d Dist., Div. 6 June 28, 2018) (unpublished) did not change things. The main reason was that the record showed District acted properly in preparing the record, implicitly based on LandWatch’s unreasonable delays based on the 60-day record certification deadline faced by the agency.   (Coalition for Adequate Review v. City and County of San Francisco, 229 Cal.App.4^th 1043, 1055 (2014).) With respect to some specific items, the appellate court agreed that CourtCall fees to Orange County counsel for an appearance was a justifiable charge, not akin to a simple telephonic expense.