California Court of Appeal

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Tuthill v. City of San Buenaventura, B239668

The trial court's award of damages and private attorney general fees to plaintiffs against defendants city and its housing authority based on the defendant-city's failure to disclose affordable housing restrictions that applied to plaintiffs' townhomes is reversed and remanded, where: 1) the judgment abrogated the statutory scheme of public entity immunity embodied in Government Code section 815 et seq.; and 2) because plaintiffs' action neither obtained the relief they sought nor vindicated an important right, they are not entitled to attorneys' fees based on the private attorney general doctrine.

Appellate Information

  • Decided 02/10/2014
  • Published 02/10/2014

Judges

  • O'DONNELL

Court

  • California Court of Appeal

Counsel