Fee Recovery Assessed Against County And Developer Equally Ruling Was Also Affirmed On Appeal.
Limited success in public interest cases is an important factor that can lead to a substantial reduction in fees awardable under California’s private attorney general statute, CCP § 1021.5. That is what happened in North County Watch v. County of San Luis Obispo, Case No. B255901 (2d Dist., Div. 6 June 18, 2015) (unpublished).
There, plaintiff won on two issues among a multi-pronged attack on eleven claims brought mainly under CEQA, but not obtaining a set aside of the EIR on a project in claims brought against the developer and County. Plaintiff then moved for recovery of attorney’s fees in the range of $268,000 – $312,000 (inclusive of a multiplier request), even though the trial judge asked for supplemental briefing and explanations mainly from plaintiff. Ultimately, the trial judge awarded only around a total of $66,380 (inclusive of a 1.3 multiplier fee portion) based on plaintiff’s limited success, split in assessment against the developer and County. Both plaintiff and County appealed, to no avail.
The limited success indeed was an important factor justifying the lower court’s reduction in the fee request to what was actually awarded. (Save Our Uniquely Rural Community Environment v. County of Santa Barbara, 235 Cal.App.4th 1179, 1183 (2015) [1021.5 fee request of $231,098 reduced to fee award of $19,176 where claimant only prevailed on one of six CEQA arguments].) The lower court also properly reduced the request for an award of 126.4 hours for “fees on fees” work down to 20 hours given that plaintiff only obtained ultimate fee compensation for 100 hours.
As far as County’s appeal, it was the agency whose decision triggered the CEQA proceeding in the first place, such that fee recovery was properly assessable. (Animal Protection & Rescue League v. City of San Diego, a recent 2015 published decision reviewed in our June 3, 2015 post.)