City Obtained Permanent Injunction Against U-Haul Rental Operations at Particular Site, So It Won!
U-Haul Co. of California v. City of Berkeley, Case No. A136973 et al. (1st Dist., Div. 3 Oct. 7, 2014) (unpublished) is a case where the City of Berkeley decided to revoke U-Haul’s permit to operate a rental facility, triggering a long-standing litigation feud. City obtained a preliminary injunction and eventually defeated U-Haul’s cross-claims, even obtaining a permanent injunction in the process.
However, after accepting the reasonableness of hourly rates and time charged by City attorneys, the trial judge still reduced the requested $130,200 in fees by 30% based on limited success.
The appellate court reversed the fee determination. City actually did achieve its main litigation objective in obtaining a permanent injunction, so the matter had to be remanded for a re-do, likely a full fee order and further “fees on fees” for prevailing on appeal. The reviewing court believed the result was “purely good news” for Berkeley.