Plaintiff Ultimately Lost Merits At Demurrer Stage.
In Merrill v. County of Lake, Case No. A140744 (1st Dist., Div. 3 May 21, 2015) (unpublished), plaintiff won a short-lived preliminary injunction in a challenge to a restrictive marijuana cultivation ordinance, but later lost at the demurrer stage. Plaintiff moved to recover lodestar fees and costs of about $74,000, a request denied by the trial judge.
The appellate court affirmed on three grounds. First, plaintiff ultimately did not succeed by failing to vindicate the constitutional challenge to the ordinance. Second, plaintiff failed to provide proof as to whether the challenge benefited the public or a large class of people, failing to submit evidence on the number of medical marijuana patients helped by the injunction. Finally, plaintiff failed to meet the financial benefit/cost element by failing to show that his personal interest did not prevail—the money he made from the marijuana crop harvest during the injunction was not disclosed so as to weigh it against the $74,000 in lodestar prosecution expenses.
“Spare 1$ For Weed?” Carol M. Highsmith, photographer. Venice Beech, California. 2012. Library of Congress.