City of Hawaiian Gardens v. City of Long Beach

— The City of Long Beach appeals from a trial court adjudication that it is not entitled to close one of its streets at the border with the City of Hawaiian Gardens. The ruling is based on Vehicle Code section 21101, subdivision (f) (section 21101(f)), which we shall discuss in detail.

Hawaiian Gardens has cross-appealed from the trial court’s denial of its motion for attorney’s fees under Code of Civil Procedure section 1021.5 and 42 United States Code section 1988 .

We conclude that the proposed closure was inconsistent with section 21101(f) because closure of the roadway is likely to have a significant negative impact on residents of Hawaiian Gardens as well as on the provision of fire and police emergency services. We also conclude that the trial court ruled correctly in denying Hawaiian Gardens’ application for attorney’s fees. Hawaiian Gardens failed to show that the burden of bringing the litigation was disproportionate to the benefits conferred on its citizens, a showing that is requisite to support an award of fees under the private attorney general doctrine. Finally, we conclude that the trial court did not abuse its discretion in denying fees under 42 United…