Second District, Division 6 Splits 2-1 In Affirming.
Plaintiff in San Luis Obispo Coastkeeper v. County of San Luis Obispo, Case No. B224274 (2d Dist., Div. 6 Apr. 26, 2011) (unpublished) prevailed in a CEQA action involving a challenge to the County’s first stormwater pollution prevention ordinance. The trial court issued mandate, but on a technical ground relating to a negative declaration addendum (although not ordering that an EIR be conducted). Plaintiff requested $18,338 in fees, a fee request found reasonable by the lower court. However, because plaintiff only partially prevailed on some claims, the trial court reduced the request and awarded $7,500.
Plaintiff appealed, producing a 2-1 affirmance by the Second District, Division 6.
The majority (Justices Coffee and Yegan) agreed that partial success would allow the trial court to not award all requested fees, even if the full request was found reasonable in nature.
Justice Perren dissented. He found that all the hours were reasonable, and plaintiff had vindicated an important public interest, with the trial court’s explanation of the reduction being deficient in his view.