Argument Not Raised Below and No Abuse of Discretion Anyway.
Warren v. City of Compton, Case No. B235001 (2d Dist., Div. 5 Oct. 1, 2012) (unpublished) involved a situation where two respective plaintiffs won compensatory damages against City for water leaks and then were separately awarded $109,900 and $93,619 in attorney’s fees under the inverse condemnation fee shifting statute (Code of Civil Procedure section 1036). The procedural history of the fee grants was that plaintiffs initially filed a timely fee motion (within 60 days of the judgment), but it was denied without prejudice due to inadequate notice and inadequate information on fee reasonableness. A second motion was filed with additional information, but the lower court continued the motion in order to get yet further data, with the continuance grant setting forth a new briefing schedule for the parties. The additional information and briefing were filed, with the trial judge finding a $400 hourly rate was proper, high skill was demonstrated by plaintiffs’ winning attorneys, and the total number of hours expended was reasonable in nature.
City appealed, claiming it was error for the lower court to allow supplemental briefing that put the fee motion over the California Rules of Court deadlines (see rule 3.1702(b)). This argument didn’t win for two reasons: (1) it was not raised below, so it was waived; and (2) the trial court can continue fee motion deadlines for “good cause,” which was shown based upon the procedural history of the case. Fee awards affirmed.
“The ‘California Modern’ Bethlehem Baptist Church, built in 1944 in the Compton area of Los Angeles, is Vienna-born architect R.M. Schlindler's only church. Schlindler, who trained under Frank Lloyd Wright, designed building throughout his adopted city.” Carol M. Highsmith Collection, Library of Congress.
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