Procedural Challenge Did Not Prevail.
In City of El Monte v. Lincoln, Case No. B344087 (2d Dist., Div. 2 Feb. 23, 2026) (unpublished), City lost a post-judgment fee order against plaintiff based on losing successive demurrers based on Civil Code section 3496. That section, applying to abatement by a municipality relating to a controlled substance, does allow an award of attorney’s fees to a prevailing party—it is not unilateral in nature. City’s main argument was that the prevailing party fees could not exceed the fees incurred by the governmental agency, a proposition rejected because the fee-shifting provisions contained no limitations on fees. (See City of Monte Sereno v. Padgett, 149 Cal.App.4th 1530, 1537 (2007).)