Fees Justified Under Government Code Section 800 and Revenue and Taxation Code Section 1611.6; Costs Of $19,788.92 Justified Under CCP § 1032.
Here are two companion cases from the Fifth District, Canandaigua Wine Co., Inc. v. County of Madera, Case Nos. F059256 and F059621 (Apr. 20, 2011) (unpublished), discussing fee-shifting statutes we do not frequently see.
The fee shifting provisions are two in number. Government Code section 800 provides that a complainant prevailing in an appeal of an administrative proceeding award may be able to collect from the public entity reasonable attorney’s fees if the there was arbitrary or capricious action or conduct by the public entity. In turn, Revenue and Taxation Code section 1611.6 provides that a county board’s action is deemed to be arbitrary and capricious within the meaning of section 800 if the county board either fails to make findings of if the findings made are found to be so deficient by a reviewing court that a remand to the county board is ordered.