However, Only $75,200.40 Lodestar Out Of Requested $569,700 Lodestar/Three Times Multiplier Actually Awarded.
In Citizens For Amending Proposition L v. City of Pomona, Case No. B283740 (2d Dist., Div 4 Nov. 7, 2018) (published), the appellate court considered an award to a plaintiff public citizen’s group of $75,200.40 under CCP § 1021.5. The City appealed, but there was no change in result.
What happened here is that Regency Outdoor Advertising, Inc. erected various billboards along several Pomona freeways, but Pomona citizens passed Proposition L—a proposition prohibiting construction of additional billboards within City limits. Pomona and Regency extended contracts, prompting the plaintiff Citizens’ group to sue on the theory that the new billboards under the “new” contract were in derogation of Proposition L. The trial court agreed and granted mandamus writ relief, which was affirmed on the merits.
But, that takes us to what we blog on—fees. Plaintiff sought recovery of private attorney general fees based on a lodestar of $189,900 plus a 3 times positive multiplier, for a total fee request of $569,700. The lower court determined that hours had to be reduced and that the requested hourly rate had to be reduced, so that only a lodestar of $75,200.40 was awarded, no multiplier at all given.
The lower court result was affirmed, both as to the merits and as to the fees award on appeal by the City of Pomona. The public interest was vindicated by a win on Pomona Proposition L, and it was not just a procedural victory. With respect to the financial burden factor, plaintiff Citizens’ group was hardly a competitor of Regency (the “somewhat” real party in interest never really made a party) such that plaintiff had no financial risk/benefit incentive vis-à-vis Regency.
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