Harvill

Defendants John and Barbara Harvill (together Harvills) appeal a summary judgment in favor of plaintiff Community Facilities District No. 88-8 of the County of Riverside (CFD) on CFD’s complaint to foreclose a lien of special taxes on property owned by Harvills. Harvills contend they presented evidence creating triable issues of fact as to whether their nonpayment of special taxes was excused by CFD’s failure to perform contractual obligations for which the taxes constituted consideration. Harvills also appeal a postjudgment award of attorney fees and costs to CFD. We affirm both the judgment and order. Further, we conclude CFD is entitled to attorney fees on appeal and remand the matter to the trial court to determine the amount of the award.

Factual and Procedural Background

In 1989, the County of Riverside (County) formed CFD under the Mello-Roos Community Facilities Act of 1982 (the Act) (Gov. Code, § 53311 et seq.). CFD encompasses land along the western margin of Interstate 215, north of Perris. County utilized the Act as the funding mechanism for financing the construction of the necessary infrastructure (roads and utilities) to permit industrial development.…