Special Fee Shifting Statutes: County Properly Awarded $26,065.41 In Attorney’s Fees And Costs In Nuisance Abatement Proceeding

Cannabis Cultivation On Residential Property Was The Factual Backdrop.

            Governmental authorities may receive an award of attorney’s fees and costs for abating property nuisances under both state statutes and municipal ordinances, in this case Government Code section 25845(b), (c) and Riverside County Ordinance No. 725.  The County obtained summary judgment against a property owner based on cannabis cultivation on a residential property, stemming from a nuisance abating claim.  The lower court then awarded County $26,065.41 in attorney’s fees and costs under the Government Code and Riverside County Ordinance.  That determination was affirmed on appeal in County of Riverside v. Hucana Trust, Case No. E078588 (4^th Dist., Div. 2 July 11, 2023) (unpublished).  The main challenge was to the $295 hourly rate charged by County attorneys, which varied from a lower rate internally charged to the governmental entity, but this disparity was no reason to overturn the fee award because the hourly rate was reasonable under a lodestar analysis.