Eminent Domain, Reasonableness Of Fees: City Losing Summary Judgment Motion In Eminent Domain Proceeding Was Properly Saddled With $246,744.50 In Fees

Summary Judgment Grant Was A Predicate For CCP § 1268.610 Fees, And Lower Court Made Reductions For Duplicative Work.

               In City of Ontario v. We Buy Homes Any Condition, LLC, Case No. D083080 (4^th Dist., Div. 1 July 19, 2024 filed) (published on July 31, 2024), City lost an eminent domain case at the summary judgment stage, a determination affirmed on appeal.  The lower court also awarded the defense $246,744.50 in CCP § 1268.610 attorney’s fees for prevailing, reducing the “ask” request of $331,161.50 downward.  City’s appeal of the fee award was unsuccessful.  The appellate court determined that a SJM grant was a dismissal which qualified the defense for fees under section 1268.610.  With respect to the amount of fees awarded, there was no abuse of discretion—the lower court reduced a second firm’s fees by 70% and also reduced lead partners’ time on the SJM by 50%, showing a reasonable exercise of discretion.