California Court of Appeal

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Riverwatch v. County of San Diego Dep't of Envtl. Health, D049216

Trial court judgment awarding plaintiffs attorney's fees pursuant to the private attorney general doctrine set forth in Code of Civil Procedure sec. 1021.5 is affirmed where: 1) the litigation initiated by plaintiffs satisfied the necessity and financial burden requirements of the statute; 2) court did not abuse its discretion in finding that the litigation conferred a significant benefit to the environment and thus to the public at large; and 3) the court did not err in finding that although it had not granted the petition in all respects, plaintiffs prevailed on three significant issues and were therefore successful within the meaning of the statute.

Appellate Information

  • Decided 07/02/2009
  • Published 07/02/2009

Judges

  • HUFFMAN, Acting P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Allen, Matkins, Leck, Gamble & Natsis, Patrick E. Breen, Los Angeles, Mark J. Hattam, and Kathryn D. Horning, San Diego, for Appellants and Real Party in Interest Gregory Canyon, Ltd.

  • For Appellees:
  • Everett L. Delano for Respondent RiverWatch; Procopio, Cory, Hargreaves & Savitch and Walter E. Rusinek, San Diego, for Respondent Pala Band of Mission Indians.
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