$144,210 Was The Fees Award, With Attorney Declaration Of Efforts Sufficient And Rejecting The Notion That City’s Lead Counsel’s Salary Guided The Lodestar Analysis.
In City of Santa Monica v. Sung, Case No. B336881 et al. (2d Dist., Div. 4 Mar. 10, 2026) (unpublished), defendant condo owner lost a declaratory relief action brought by City to prevent a low-income tenant from renting based on a recorded Deed Restriction, which contained a contractual fees clause in favor of the prevailing party. The lower court awarded contractual fees of $144,210 to City. Owner’s appeal of the fee award was unsuccessful. Owner argued that opposing lead counsel’s fee declaration was insufficient, but it was fine, because even “after the fact” time estimates were sufficient, citing Lunada Biomedical v. Nunez, 230 Cal.App.4th 459, 487 (2014). The argument that prevailing party’s fees had to be hinged to the salary of City’s lead attorney was firmly rejected as not falling within the proper lodestar analysis. Fee award affirmed.