Ciani

Anthony Alfred Ciani (Ciani) appeals from a judgment which denied his request for reimbursement of the attorney fees he incurred in a lawsuit and in a postlitigation administrative appeal. Both his lawsuit and his administrative appeal were directed toward preventing the destruction of the so-called “Green Dragon Colony,” which he believed should be preserved as part of the architectural heritage of La Jolla.

The trial court exercised its discretion under Code of Civil Procedure section 1021.5 and denied his request for fees on the ground that his involvement in the lawsuit was “unnecessary,” it being duplicative of the actions by state attorneys.

Ciani claims on appeal that the trial court abused its discretion in employing an erroneous test for “necessity,” and erred in taking an unduly restrictive view of his contributions. He also asserts he should have recovered fees under a “substantial benefit” theory, claiming that his actions conferred concrete benefits upon the citizenry.

Factual and Procedural Background

The focus of Ciani’s effort was to preserve certain structures, known as the “Green Dragon Colony,” from being razed by its owner (hereafter Trust). (Ciani…