City of El Monte v. Lincoln CA2/2

BACKGROUND

The initial complaint in this matter was filed by the City in March 2022 against respondent and numerous other defendants. The City pleaded a cause of action for abatement based upon allegations that the defendants ran an illegal marijuana operation through retail storefronts and engaged in other illegal activity. The complaint sought recovery of the City’s attorney fees pursuant to Civil Code section 3496. In response to the complaint, respondent filed a motion for judgment on the pleadings, which was granted by the trial court, with leave to amend the complaint. The City subsequently filed a first amended complaint, again pleading a cause of action for abatement and seeking attorney fees under Civil Code section 3496. In contrast to the initial complaint, which listed only one law firm as attorney for the City, the first amended complaint listed two firms, Enso Law, LLP (Enso firm) and Olivarez Madruga Law Organization, LLP (Olivarez firm). This addition of a separate law firm was apparently in response to a trial court finding that the initial complaint did not indicate that the Enso firm was independently authorized to bring the lawsuit on behalf of the City.…