$974,137.50 Fee Award Affirmed By 2/2 DCA.
La Mirada Ave. Neighborhood Assn. of Hollywood v. City of Los Angeles (Target Corp.), Case No. B282137 (2d Dist., Div. 2 May 3, 2018) (partially published) involved a situation where two public interest nonprofit plaintiffs challenged L.A.’s granting of eight variances so that a Target big box store could be built on the corner of Western Avenue and Sunset Boulevard in Hollywood. They were successful in halting the construction based on the invalidity of six of the eight variances, even though later the City Council passed an amendment to create a new area to allow retail stores like the halted project—with the trial judge vacating the City’s later approval of the project, another determination under consideration in an undecided, pending appeal. However, what the trial judge did do despite this uncertainty was award the two plaintiffs a total of $974,137.50 in attorney’s fees under California’s private attorney general statute (applying a positive 1.4 multiplier to a slightly reduced lodestar).
Target’s and City’s appellate challenges to the total fee award were not persuasive to the 2/2 DCA.
Plaintiffs were successful in their challenges to a majority of the variances, resulting in a halt of the proposed project. A significant policy was advanced to require the City to adhere to legal requirements for granting variances. The fact that a later “legislative fix” occurred, such that the entire dispute was not put to rest, did not change the benefit analysis.
Comments