Substantial Fee Award Went POOF!
Estancia Coastal, LLC v. KB Home Coastal, Inc., Case No. D062219 et al. (4th Dist., Div. 1 Dec. 16, 2013) (unpublished) involved a big fight between a developer hit with $6.5 million in developmental mitigation fees against assignee of a land owner giving an option to developer. The total award was $9 million, including some property tax and site development expenses also to assignee, plus a substantial attorney fee award (the amount of which was not detailed in the opinion).
Well, the fee award went POOF! because the mitigation fee component of the judgment was eliminated. This required a revisit of who actually prevailed, using the pragmatic definition of the winner developed by case law. However, because assignee did win property tax and site development cost components, the routine costs award did not have to be reversed because assignee was the net monetary winner.
Comments