Margolin
Margolin v. Regional Planning Commission
Opinion
Opinion
Luros, J.
By this decision we affirm the judgment of the superior court awarding $300,000 in attorneys’ fees to counsel for respondents. Although no appeal was taken from the judgment for respondents on the merits, a brief recitation of the underlying action, which led to the award of the attorneys’ fees, will provide assistance in understanding the basis for the award.
Respondents brought the within action in 1977, alleging violations of the Subdivision Map Act (Gov. Code, § 66410 et seq.) by the Los Angeles County Regional Planning Department (RPD), and seeking a writ to compel its compliance therewith. Stated very simply, compliance with the Subdivision Map Act, requiring the filing of tentative and final tract maps, is required whenever real property is divided into five or more parcels. (Gov. Code, § 66426.) Property divided into four or fewer parcels is generally unregulated by the act. At trial, it was established that for a period in excess of 10 years, the Los Angeles County Regional Planning Department had, permitted, and perhaps encouraged, “4 x 4ing,” a scheme permitting the creation of large subdivisions without compliance with the Subdivision Map Act. In 4 x 4ing,…