Private Attorney General: Plaintiff Was Not Catalyst, So Successful Party/Causation Element Not Met

 

Bottom Line Was Important Shopping Center Store Lost Interest.

     Ya know, some cases boil down to very simple principles, if not all of them. The next one is a case in point.

     In Coalition For A Sustainable Future In Yucaipa v. City of Yucaipa, Case No. E057589 (4th Dist., Div. 2 June 8, 2015) (unpublished), petitioner lost a CEQA challenge to a shopping center, with its interim appeal deemed moot after the project died when Target backed out of the project. Petitioner moved for CCP § 1021.5 fees, arguing it was a “catalyst” for what happened.

     The trial and appellate courts disagreed. The litigation was not a catalyst. Instead, Target lost interest in the project, such that petitioner did not satisfy the “successful party” much less causation elements of section 1021.5. Fee denial affirmed.

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