On the Merits, Equity Could Not Trump Contrary Public Immunity Statute Dictates.
Tuthill v. City of San Buenaventura, Case No. B239668 (2d Dist., Div. 6 Feb. 10, 2014) (published) started out with a bang: “Equity, although designed to promote justice, cannot be used to nullify a contrary statute.”
Plaintiffs sued City and were awarded combined damages of about $246,000 for City’s failure to disclose affordable housing restrictions that applied to homeowners’ townhouses. Then, the lower court awarded plaintiffs $330,720 in attorney’s fees under the private attorney general statute.
Both the merits and fee awards were reversed on appeal.
The merit judgment was overturned because public immunity statutes applied and could not be trumped by equitable concerns. With regard to the fee award, the reviewing court determined plaintiffs did not achieve their objective in obtaining disclosure of affordable housing restrictions and were no catalysts because the City never made any modifications to its existing Affordable Housing Program. POOF!