Common Fund Decision Update: California Supreme Court Denies Review In Walker v. City of San Clemente

 

$1.5 Million Fee Recovery To Plaintiff Held Up, With City’s Petition For Review Being Denied.

     On August 28, 2015, we posted on Walker v. City of San Clemente, a Fourth District, Division 3 unpublished decision sustaining a $10.5 million refund judgment against City under the Mitigation Fee Act and also upholding a $1.5 million fee recovery in favor of plaintiff under a common fund theory. We also noted in a September 30, 2015 post that the City was going to petition for review to the California Supreme Court, which it did. We can now provide an update: our state supreme court denied review on November 12, 2015.