Cannon vs. Crown Point Condos No. 2

award appropriate, and (c) such fees should not in the interest of justice be paid out of the recovery, if any.

(Code Civ. Proc., § 1021.5.)

Here, the important right affecting the public interest was obtained before this writ was filed. In contemplation of such a success under the CVRA, the legislature provided that the party responsible could be awarded up to $30,000.00 (adjusted for inflation) as compensation for fees incurred in enforcing the important right. The writ filed by Petitioner here had no bearing on the issue of whether the City would convert its “at large” voting system to a district based election system. That task was accomplished after petitioner served her initial demand letter but before the Petition was filed.

The Petition here sought only to compel the City to pay what was owed to Petitioner, though Petitioner had not yet provided the requested documentation to corroborate the claimed costs. Thus, Petitioner was not a “successful party” under Section 1021.5 and the filing of the petition for writ did not confer an important public benefit.

And while Petitioner appears entitled to the statutory fees under Section 10010, it appears that she has already received such fees.

Accordingly, the motion is DENIED.

Respondent to give notice.

13 Cannon vs. Crown Motion for Preliminary Injunction Point Condos No. 2

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