Private Attorney General/Receivers: $250,000 In Fee Recovery To CEQA Petitioners Under City of San Diego Settlement Agreement And Receivers Fees Sustained With No Need To Submit Costs Memorandum

 

Coastal Environmental Rights Foundation, Inc. v. City of San Diego, Case Nos. D060230 (4^th Dist., Div. 1 Oct. 16, 2014) (unpublished)

     Here, a CEQA petitioner finally forged a settlement with the City of San Diego over issuing a permit for the 2010 La Jolla Cove Fireworks Show without performing an environmental review. Under the settlement, City did agree to do a review for special events and discretionary park use permits on a project-by-project basis. For our purposes, the stipulated settlement—approved by the appellate court—included a fee award of $250,000 to the petitioner.

"Say the French, 'See Paris and die!'
Make your home at La Jolla and Live, say I."

The San Diego Union
May 5, 1887

La Jolla visitor.  Source:  The Journal of San Diego History.

Marriage of Hogan, Case No. B248740 (2d Dist., Div. 1 Oct. 16, 2014) (unpublished)

     This was a receiver case in which a receiver was appointed to manage/list three apartment buildings of family law dissolution litigants locked in acrimonious proceedings. The litigants challenged the receiver's/his personnel's hourly rates, but did not present proof to show they objected to the general receivership order allowing compensation at usual hourly billable rates or that the work expended was unreasonable. They also argued that the receiver could not obtain costs after his resignation because no costs memorandum was filed. The problem with this argument is that the receiver's final report and account and right to compensation is governed by CRC, rule 3.1184, which allows for compensation upon a review of the final report—with no costs memo requirement being applicable (the general rule for obtaining costs in normal civil litigation under CCP section 1032).