California Court of Appeal
City of San Diego v. San Diegans for Open Government, 068939
in a validation action regarding the City's plan to levy a special tax to finance the expansion of the San Diego Convention Center, in which the plaintiff was a suspended corporation and neither it nor its attorney informed the superior court or the City of this fact, the trial court's judgment is: 1) reversed as to the grant of attorney fees where, under Code of Civil Procedure section 1021.5, attorney fees should not be awarded when a suspended corporation files an answer in a validation action and both the corporation and its attorney know it is suspended and it is not revived before the expiration of the deadline to appear in that action; and 2) affirmed as to the court's order denying the City's motion to strike both the answer and plaintiff's motion for attorney fees.
Appellate Information
- Published 2016/09/22
Judges
- HUFFMAN
Court
- California Court of Appeal