Animal Protection and Rescue League v. City of San Diego

I.

INTRODUCTION

The primary issue we must decide in this appeal is whether a municipality may be considered an “opposing part[y]” for purposes of the private attorney general fee statute (Code Civ. Proc., § 1021.5) when it confesses error in response to a petition for writ of mandate challenging the municipality’s action. In the published portion of this opinion, we conclude that a municipality may be considered an opposing party under such circumstances and that the trial court did not err in concluding that the municipality in this case was an opposing party and awarding private attorney general fees to respondents. In the unpublished portion of this opinion, we conclude that the trial court did not abuse its discretion in awarding respondents attorney fees for certain work performed prior to the filing of the petition in this case, that the trial court erred in awarding respondents costs in light of their failure to file a memorandum of costs as required under the California Rules of Court, and that respondents are entitled to appellate attorney fees in an amount to be determined on remand.

II.

FACTUAL AND PROCEDURAL BACKGROUND

A. Respondents’ petition for writ of…