However, Matter Remanded To See If Fees Justified Under Catalyst Theory.
In The Kennedy Commission v. City of Huntington Beach, Case No. E066605 (4th Dist., Div. 2 Oct. 31, 2017) (unpublished), plaintiff obtained a writ of mandate preventing the City of Huntington Beach from implementing its amended Beach Edinger Corridors Specific Plan, but that determination was reversed in a prior appeal. Before the reversal in the prior appeal, the trial judge had awarded $648,512.75 in fees out of a requested $663,307.75 to plaintiff under Code of Civil Procedure section 1021.5.
In the second appeal of the fee award, the Fourth District, Division 2 reversed based on the prior appeal overturn. However, it remanded to the trial judge to explore whether fees were justified under a renewed fee motion because plaintiff was a catalyst for changing City changing its behavior (it was looking into amendments of the general plan) because of and in the manner sought by the litigation.
BONUS: The Kennedy Commission is named in honor of Ralph Kennedy, a pioneer of affordable housing and advocate of human rights in Orange County, California. His son, Rusty Kennedy, CEO of the Orange County Human Relations Commission, carries on his father's work.