From Casetext: Smarter Legal Research

City of Arcadia v. State Water Resources Control Board

California Court of Appeals, Fourth District, Third Division
Dec 14, 2010
No. G042088 (Cal. Ct. App. Dec. 14, 2010)

Opinion

NOT TO BE PUBLISHED

Appeal from a postjudgment order of the Superior Court of Orange County, Super. Ct. No. 06CC02974 Thierry Patrick Colaw, Judge.

Edmund G. Brown, Jr., Attorney General, Mary E. Hackenbracht, Assistant Attorney General, Jennifer F. Novak and Michael W. Hughes, Deputy Attorneys General, for Defendants and Appellants.

Rutan & Tucker, Richard Montevideo and Peter J. Howell for Plaintiffs and Respondents.


OPINION

RYLAARSDAM, ACTING P. J.

This case is a companion appeal to City of Arcadia v. State Water Resources Control Board, G041545, December 14, 2010 [nonpub. opn.]. In this appeal, defendants State Water Resources Control Board and California Regional Water Quality Control Board, Los Angeles Region challenge a postjudgment order awarding plaintiff municipalities over $600,000 in attorney fees under Code of Civil Procedure section 1021.5 [successful party in action resulting in enforcement of important public right entitled to attorney fees]. But “[a]n order awarding such fees ‘falls with a reversal of the judgment on which it is based.’ [Citation.]” (California Grocers Assn. v. Bank of America (1994) 22 Cal.App.4th 205, 220.) Since in the companion case we reverse the judgment for plaintiffs, the order awarding plaintiff municipalities their attorney fees must also be reversed.

DISPOSITION

The postjudgment order awarding attorney fees is reversed. Appellants shall recover their costs on appeal.

WE CONCUR: ARONSON, J., IKOLA, J.


Summaries of

City of Arcadia v. State Water Resources Control Board

California Court of Appeals, Fourth District, Third Division
Dec 14, 2010
No. G042088 (Cal. Ct. App. Dec. 14, 2010)
Case details for

City of Arcadia v. State Water Resources Control Board

Case Details

Full title:CITY OF ARCADIA et al., Plaintiffs and Respondents, v. STATE WATER…

Court:California Court of Appeals, Fourth District, Third Division

Date published: Dec 14, 2010

Citations

No. G042088 (Cal. Ct. App. Dec. 14, 2010)

Citing Cases

City of Duarte v. State Water Res. Control Bd.

Indeed, the section on economic considerations in the Permit was eight pages in length; in the new tentative…