Concerned Citizens of La Habra v. City of La Habra

The Concerned Citizens of La Habra (CCLH) filed a petition for writ of mandate challenging the approval by the City of La Habra and others (the City) of the proposed construction of a retail warehouse facility by Costco Wholesale Corporation (the Project). CCLH alleged six causes of action, one of which was the failure to comply with the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq., CEQA) in several respects. While five of the causes of action were unsuccessful, the CEQA challenge achieved partial success: The superior court agreed with one of the several alleged CEQA defects, finding that the mitigated negative declaration certified by the City needed revision. It issued a writ rescinding approval of the Project until the revision was made. Subsequently, CCLH moved for attorney fees under the private attorney general statute (Code Civ. Proc., § 1021.5), which were denied. CCLH appeals from the denial of attorney fees, claiming it fulfilled the requirements of the statute and the trial court abused its discretion. We affirm.

FACTS

The City approved the Project without preparing an environmental impact report (EIR); instead, it certified a…