Deadlines/Special Fee Shifting Statute: Appellate Court Determines That Prevailing Plaintiffs In County Code Compliance Dispute Were Wrongfully Denied Fee Recovery Under Government Code Section 800

Lower Court Also Erred In Ruling Fees Motion Was Untimely Filed.

            In Fratus v. Contra Costa County Dept. of Conservation and Development, Case No. A147841 (1^st Dist., Div. 1 Aug. 23, 2017) (unpublished), plaintiff residential owners successfully obtained an administrative mandate writ against County agency based on allegations of code noncompliance.  However, the trial judge denied fees to plaintiffs under Government Code section 800, which provides for recovery of attorney’s fees incurred while contesting an administrative proceeding determination when “it is shown that the … determination of the proceeding was the result of arbitrary or capricious action or conduct.”  This fee denial was reversed on appeal. 

            Although the lower court found the fee motion was untimely in nature, the 1/1 DCA balked at this suggestion given that the pertinent CRC time deadlines ran from the final judgment rather than the earlier vacated judgment.  On the merits, the record showed that County knew about evidence proving plaintiffs’ properties were compliant such that it was an abuse of discretion in deny fees under the circumstances.