Traffic Correction In EIR Justified The Award.
Once you prevail on a significant CEQA issue, fee entitlement under the private attorney general statute is likely the general rule, to the chagrin of municipalities and developers. However, the trial judge still has discretion to make reductions as in a normal civil fee dispute, as United Homeowners Association II v. Peak Capital Investments, Case No. B308682 (2d Dist., Div. 4 Mar. 24, 2022) (unpublished) demonstrates.
Here, the trial judge awarded $118,089 under CCP § 1021.5 out of the fee request of $169,651.50. Because the traffic issue was significant, the fee entitlement challenge on appeal was unsuccessful. Then, that brought the appellate court to the amount of the fee award. There were deductions for block billings, duplication, and other issues—all affirmed, with the reviewing panel determining that the trial judge’s “math” behind the fee award not having to be perfect.
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