Private Attorney General: Denial of CCP § 1021.5 Fees To Prevailing Short-Term Rental Plaintiff Justified On Appeal

Plaintiff Did Not Satisfy The Financial Incentive Statute Standards—Too Much Skin In The Game.

            In Keen v. City of Manhattan Beach, Case No. B314744 (2d Dist., Div. 8 Aug. 15, 2023) (unpublished), plaintiff won a short-term rental dispute against the Manhattan Beach, but lost a remand request for attorney’s fees under the private attorney general statute.  That fee denial determination was affirmed on appeal.  The reason was the math, basically—plaintiff would net $90,000 from his lawsuit such that he should not get 1021.5 fees.  That math was good enough to sustain the denial of fees on appeal.  Arithmetic yet again prevailed.