Save Our Neighborhood Group v. City of Lancaster CA2/3

INTRODUCTION

This appeal involves the award of attorneys’ fees to Save Our Neighborhood Group (SONG). SONG is an organization formed to challenge the environmental review of a project to amend the City of Lancaster’s (the City) general plan to change the zoning designation so that real party in interest, AV California, LLC (AV California), could construct a shopping center on a vacant lot in an area of the City zoned for residential use. After SONG prevailed in its appeal from the denial of its petition for writ of administrative mandate (Case No. B225087), it moved for attorneys’ fees as a private attorney general (Code Civ. Proc., § 1021.5).1 To protect taxpayer funds, the City entered into a settlement agreement with SONG to pay SONG $150,000 as attorneys’ fees. The trial court granted SONG’s attorney fee motion and, aware of the settlement agreement, ordered AV California to pay SONG $120,375 as AV California’s share of the attorney fees. AV California appeals contending SONG did not satisfy the prerequisites of section 1021.5 and AV California should be excused from paying any attorney fees. SONG appeals contending the trial court erred in fixing the amount of the fee award.…