San Dieguito Partnership, L.P. v. San Dieguito River Valley Regional Open Space Park Joint Powers Authority

— In a postjudgment order in this action, the trial court awarded defendant San Dieguito River Valley Regional Open Space Park Joint Powers Authority (JPA) $40,352.40 in attorney fees under an attorney fees provision in an agreement between JPA and plaintiff San Dieguito Partnership, L.P. (Partnership). Partnership appeals from the order, contending the trial court erred in awarding a “lodestar” amount of attorney fees greater than the amount of fees JPA actually incurred in defending this action. Partnership also contends the court erred in refusing to apportion JPA’s fees between the contract and noncontract causes of action or, in the alternative, between this action and a related action. JPA also appeals, contending the court erred in refusing to apply a multiplier to the lodestar amount. Because we conclude the trial court erred in awarding JPA more attorney fees than it actually incurred, we reverse the order.

Factual and Procedural Background

JPA is a public agency created under a joint powers agreement between the County of San Diego and the cities of Del Mar, Escondido, Poway, San Diego, and Solana Beach, to plan and operate a regional park in and around the…