Whispering Palms Community Council v. County of San Diego CA4/1

Filed 4/9/13 Whispering Palms Community Council v. County of San Diego CA4/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

WHISPERING PALMS COMMUNITY D061599

COUNCIL,

Petitioner and Appellant, (Super. Ct. No. 37-2010-00051307- v. CU-WM-NC)

COUNTY OF SAN DIEGO et al.,

Respondents and Appellants;

NEWPORT PACIFIC, INC.,

Real Party in Interest and Appellant.

APPEALS from an order of the Superior Court of San Diego County, Earl H.

Maas III, Judge. Affirmed as modified.

The appeal and cross-appeal before us concern an award of attorney fees under

Code of Civil Procedure section 1021.5 (section 1021.5) to Whispering Palms

Community Council (WPCC). The trial court awarded attorney fees to WPCC for…