Private Attorney General: Lower Court Abused Its Discretion In Awarding Fees Under CCP § 1021.5 Without Considering Specific Factors Outlined In The Housing Accountability Act

$1,286,144.37 Fee Award Against City Reversed And Remanded. 

Coalition of Pacificans for An Updated Plan v. City Council of the City of Pacifica, Case No. A170704 (1st Dist., Div. 4 Dec. 30, 2025) (partially published; substantive fee discussion published) stands for the proposition that in fashioning a private attorney general fee award under CCP § 1021.5, a lower court must take into account specific factors outlined under the Housing Accountability Act (HAA) where it applies, even in a CEQA case.  The appellate court indicated that environmental factors can be considered in setting a fee under the HAA.  This resulted in a $1,286,144.37 fee award against City being reversed and remanded for a restudy using HAA factors. 

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