Special Fee Shifting Statutes: Because Plaintiff Prevailed Through Mandate Challenging A Conditional Permit Revocation, It Correctly Was Denied Fees Under A Local Public Nuisance Ordinance With Reciprocal Fee-Shifting Provisions

No Fee Entitlement Was Shown.

               Plaintiff obtained mandate relief against a municipality in a permit revocation dispute, subsequently moving for attorney’s fees under reciprocal fee-shifting provisions of the Perris Municipal Code relating to public nuisances.  The lower court denied Plaintiff’s motion for fees under the municipal code.  That determination was affirmed on appeal in Dynamic Meds, Inc. v. The City of Perris, Case No. D084808 (4^th Dist., Div. 1 Aug. 18, 2025) (unpublished) because plaintiff’s action was not grounded in a public nuisance abatement theory.  Given this being so, there was no fee entitlement.