Patel

City of Santa Rosa v. Patel

Good Law
119 Cal. Rptr. 3d 585·191 Cal. App. 4th 65·2010 Cal. App. LEXIS 2139
Court of Appeal of CaliforniaDecember 21, 2010No. A124199; No. A124452California2,066 words

Opinion

Lead Opinion

Rivera, J.

These appeals, consolidated on this court’s motion, follow the trial court’s entry of an order awarding the City of Santa Rosa and the People of the State of California (collectively, the City) attorney fees in this red light abatement action. In appeal No. A124199, the City contends that the court erred in using a cost-plus approach rather than the lodestar method in calculating the amount of the attorney fees award. In appeal No. A124452, the Patels 1 argue that the court erred in awarding fees because the City lacked standing to pursue the underlying action and that, in any event, the fee award should be modified as the City’s judgment in the underlying case was modified on appeal. We conclude that the trial court erred in not using the *68 lodestar method to calculate the fee award and, therefore, remand the matter to the trial court for a recalculation of the fee award. We will dismiss appeal No. A124452 as moot.

L FACTUAL BACKGROUND

On June 25, 2008, the court entered judgment in favor of the City under the red light abatement law (Pen. Code, § 11225 et seq.) and the unfair competition law (Bus. & Prof. Code, § 17200 et seq.). 2 On July 30, 2008, the City filed a…

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