Narula
City of Santa Paula v. Narula
Opinion
Opinion
Gilbert, J.
Attorney fees are permitted when authorized by contract, statute or law. (Code Civ. Proc., § 1033.5, subd. (a)(10).) A city ordinance allows the city to collect attorney fees incurred in foreclosing a lien on real property. Just as “. . . a rose is a rose . . .” so is an ordinance a statute when it permits recovery of attorney fees.
Mohan and Sylvia Conway Narula (the Narulas) appeal a postjudgment order awarding attorney fees to the City of Santa Paula (the City). We conclude that: 1) the Narulas are barred by the doctrines of res judicata and collateral estoppel, and the law of the case from challenging the validity of prior judgments; and 2) the attorney fees award of $34,236 to the City is not excessive. We affirm.
FACTS
The Narulas’ apartment building was in violation of numerous building and safety codes. For five years, the City brought proceedings before its code enforcement agencies to compel the Narulas to repair the leased units in their building. The City’s Appeals Hearing Board ordered the Narulas to comply with the codes and pay administrative costs and penalties. The Narulas refused to do either.