McDowell

McDowell v. Watson

Good Law
1997 Cal. App. LEXIS 1016·59 Cal. App. 4th 1155·69 Cal. Rptr. 2d 692·97 Daily Journal DAR 14899·97 Cal. Daily Op. Serv. 9257
Court of Appeal of CaliforniaDecember 9, 1997E018130California4,218 words

Opinion

Opinion

McKINSTER, J.

Challenging various approvals given by the County of Riverside to a development on land owned by William Watson, Eion and Clara McDowell unsuccessfully petitioned the trial court for a writ of mandate and injunction. After the trial court denied the McDowells’ petition, Watson moved for attorney’s fees pursuant to Code of Civil Procedure section 1021.1 and for sanctions pursuant to Public Resources Code section 21167.8. The trial court denied both motions. Watson appeals. Finding no abuse of discretion, we affirm.

Issues on Appeal

Regarding the denial of the motion for attorney’s fees pursuant to Code of Civil Procedure section 1021.1, was the gravamen of the cause of action asserted by the McDowells one for injunctive relief?

Regarding the denial of the motion for sanctions pursuant to Public Resources Code section 21167.8, were the McDowells required by statute to personally attend the settlement meeting? If they were not, did the trial court abuse its discretion in denying the motion as to their counsel?

Discussion

A. The Motion for Attorney’s Fees Pursuant to Code of Civil Procedure Section 1021.1 Was Properly Denied.

The McDowells’ original petition was filed…

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