Ross v. California Coastal Comm'n

Full title: DEANE EARL ROSS, as Co-Trustee, etc., et al., Plaintiffs and Respondents…

Court: COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE

Date published: Oct 20, 2011

B228624 (Cal. Ct. App. Oct. 20, 2011)

Opinion

B228624

10-20-2011

DEANE EARL ROSS, as Co-Trustee, etc., et al., Plaintiffs and Respondents, v. CALIFORNIA COASTAL COMMISSION et al., Defendants and Appellants; MALIBU BAY COMPANY, Real Party in Interest and Appellants

Elkins Kalt Weintraub Reuben Gartside, John M. Bowman and C.J. Laffer for Plaintiffs and Respondents. Edmund G. Brown Jr. and Kamala D. Harris, Attorneys General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka and John A. Saurenman, Senior Assistant Attorneys General, Christina Bull Arndt and Wyatt E. Sloan-Tribe, Deputy Attorneys General, for Defendants and Appellants. Alston & Bird, Nicki Carlsen and Rebecca S. Harrington for Real Party in Interest and Appellant.

TURNER

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

(Los Angeles County Super. Ct. No. BS118974)

APPEAL from an order of the Superior Court of Los Angeles County, Robert H. O'Brien, Judge. Reversed.

Elkins Kalt Weintraub Reuben Gartside, John M. Bowman and C.J. Laffer for Plaintiffs and Respondents.

Edmund G. Brown Jr. and Kamala D. Harris, Attorneys General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka and John A. Saurenman, Senior Assistant Attorneys General, Christina Bull Arndt and Wyatt E. Sloan-Tribe, Deputy Attorneys General, for Defendants and Appellants.

Alston & Bird, Nicki Carlsen and Rebecca S. Harrington for Real Party in Interest and Appellant.

Defendants, California Coastal Commission and the City of Malibu, and the real party in interest, Malibu Bay Company, appeal from a September 2, 2010 $261,000 attorney fee award. The attorney fees were awarded to plaintiffs, Deane Earl Ross and the Ross Family Trust, pursuant to Code of Civil Procedure section 1021.5. The fees were awarded after the trial court granted plaintiffs' mandate petition in part. On September 9, 2011, we reversed the order granting the mandate petition in part. (Ross v. California Coastal Commission (2011) 198 Cal.App.4th 1573, 1616.) The attorney fee award was premised entirely on the order which has been reversed. Thus, the attorney fee award must likewise be reversed. (Gillan v. City of San Marino (2007) 147 Cal.App.4th 1033, 1053; Law Offices of Dixon R. Howell v. Valley (2005) 129 Cal.App.4th 1076, 1105.) We need not address the parties' remaining contentions.

The September 2, 2010 minute order awarding attorney fees is reversed. Defendants, the California Coastal Commission, the City of Malibu, and the real party in interest, Malibu Bay Company, shall recover their costs incurred on appeal from plaintiffs, Deane Earl Ross and the Ross Family Trust.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

TURNER, P. J. We concur:

KRIEGLER, J.

KUMAR, J.^*

* Judge of the Los Angeles Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.