Private Attorney General: $2.317 Million Fee Request Properly Denied Where Nonprofit Petitioner Only Obtained Limited Relief With No Tangible Economic Benefit

Significant Benefit Element Of Private Attorney General Statute Was Not Satisfied.

               Nonprofit petitioner in The Affordable Housing Coalition of San Diego County v. Drager, Case No. C097016 (3d Dist. Mar. 11, 2024) (unpublished) brought a wide range of claims against governmental entities, obtaining limited relief on payment of loan reporting requirements with respect to former redevelopment agencies.  Emboldened by the relief, nonprofit requested CCP § 1021.5 fees of around $2.317 million.  The lower court denied the request based primarily on there no being significant benefit garnered.  The appellate court affirmed.  The responsible successor agencies reported on loan obligations long before the litigation.  In addition, substantial evidence in the record supported the lower court’s conclusion because no prayer was contained in nonprofit’s pleadings as to how the money should be spent, with it being dubious if there were any loans to be repaid by any of the governmental entities.