McCullough
City of Oakland v. McCullough
Opinion
Opinion
King, J.
I. Introduction
Vemolia McCullough appeals from a postjudgment order awarding attorney fees and costs in the amount of $100,005.48 incurred in a drug house abatement action by the City of Oakland. (Health & Saf. Code, §§ 11570 et seq.) We hold that the statutory authorization for an award “to the prevailing party” in such actions, of “costs, including the costs of investigation and discovery, and reasonable attorneys’ fees” (Civ. Code, § 3496), includes the salaries and overhead expenses of government attorneys and law enforcement personnel attributable to the investigation and prosecution of the action.
II. Background
The City of Oakland sued Vemolia McCullough under the drag house abatement law, alleging multiple arrests for drug offenses at her property. The court rendered judgment closing the property for one year and imposing a civil penalty of $1,000. (Health & Saf. Code, § 11581, subd. (b)). In a postjudgment costs order, after receiving supporting declarations and holding an evidentiary hearing, the court approved the city’s costs memorandum in the sum of $100,005.48. This appeal is solely from the costs order.