Ask Was $557,945, With Dispute Involving Production Of The Huntington Beach Air Show Settlement Agreement.
In Clayton-Tarvin v. City of Huntington Beach, Case No. 2023-01329927 (Orange County Superior Court Jan. 6, 2025 [tentative ruling on fee motion]), petitioner moved for attorney’s fees under California Public Records Act for getting Huntington Beach to produce a settlement agreement relating to the Huntington Beach air show dispute. Both sides agreed that fees were mandatory under the CPRA, with petitioner seeking $557,945 in fees (which included a positive 2.0 multiplier). The other side argued the award should not exceed $91,042.82 inclusive of a little more than $1,800 in costs.
Orange County Superior Court Judge Jonathan Fish awarded petitioner $180,260 in fees. He awarded hourly rates of $600-700, but reduced the claimed work for inefficiencies, duplication, and performance of clerical tasks. Also, the lower court did not find a multiplier justified because other factors such as the contingent fee arrangement were subsumed in the lodestar hourly rate ruling.