Preserve Poway v. City of Poway CA4/1

Filed 7/27/16 Preserve Poway v. City of Poway CA4/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

PRESERVE POWAY, D067645

Plaintiff and Respondent,

v. (Super. Ct. No. 37-2013-00067667- CU-TT-CTL) CITY OF POWAY,

Defendant and Appellant;

HARRY A. ROGERS et al.,

Real Parties in Interest and Appellants.

APPEAL from an order of the Superior Court of San Diego County, Ronald S.

Prager, Judge. Reversed with directions.

McDougal, Love, Eckis, Boehmer & Foley and Morgan L. Foley for Defendant

and Appellant City of Poway.

Byron & Edwards, Michael M. Edwards and Robert Scott Norman for Real Parties

in Interest and Appellants Harry Rogers, John F. Trochta, Shirley R. Trochta and John

Fitch and Associates.

The Law Office of Julie M. Hamilton, Julie M. Hamilton and Leslie Gaunt for

Plaintiff and Respondent.

This appeal challenges an order awarding attorney fees and costs in CEQA1

litigation that the trial court awarded under the private attorney general doctrine. (Code

Civ. Proc.,2 § 1021.5) While this appeal was pending, in a separate appeal, Preserve