McKINSTER, Acting P. J. —
Plaintiff and appellant Save Our Uniquely Rural Community Environment (SOURCE) appeals from an award of attorney fees in a case arising under the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.), or CEQA. It contends that the trial court abused its discretion when it awarded $19,176, despite SOURCE's request for $231,098. We conclude that SOURCE has not met its burden of demonstrating an abuse of discretion, and we affirm the award.
Respondent and real party in interest Al-Nur Islamic Center is a nonprofit religious organization which intended to erect an Islamic community center and mosque in a residential neighborhood in an unincorporated area of San Bernardino County. The project was to include a 7,512-square-foot structure on 1.54 acres. The maximum occupancy of the structure was to be 262 people. SOURCE is an organization of individuals who opposed Al-Nur's plans based on the negative environmental impact the opponents believed the project would have on the neighborhood. Following a study of the environmental impact of the proposed project, the San Bernardino County Planning Commission adopted a mitigated negative declaration (MND) and issued a conditional use permit (CUP) for the project. SOURCE appealed to the San Bernardino County Board of Supervisors. After hearing testimony, the board of supervisors denied the appeal. SOURCE then filed a combined petition for writ of mandate and complaint for injunctive relief. The complaint/petition alleged multiple violations of CEQA and of local zoning ordinances, all of which had been presented to the board of supervisors.
Following briefing and argument, the court granted the writ petition on a single ground, specifically that there is no factual basis in the administrative record to support the county's determination that the project would have a less than significant impact on the environment from construction of a new wastewater treatment facility, because a new facility was never analyzed. The county's initial study approved the project based on the use of an existing onsite septic system, despite its own contrary condition of approval No. 60, which required Al-Nur to connect the project to the City of Chino sewer system. However, Al-Nur stated that it intended to install a new septic tank or to supplement an existing septic tank "as it acknowledges that the existing system is inadequate." The court granted the petition and overturned the approval of the MND and CUP on grounds of the county's failure to properly analyze the project's impacts on the environment in the area of wastewater disposal. It ordered the county to prepare an analysis in compliance with CEQA of the project's impacts in that respect.
Al-Nur opposed the motion on the grounds that because of SOURCE's limited success, the petition failed to convey a public benefit justifying an award of attorney fees, that SOURCE had failed to demonstrate it was entitled to fees based on the current rates in Los Angeles rather than in San Bernardino County, that SOURCE had failed to demonstrate the number of hours it expended was reasonable and necessary, that it sought excessive fees for some of the work performed, and that a portion of the hours claimed were for activities related to the administrative proceedings and not to the litigation. It also asserted that a multiplier of two was not warranted.
The trial court granted the motion, finding that SOURCE conferred a public benefit sufficient to warrant an award of attorney fees. However, at the hearing on the motion, the court stated that the amount requested was "outrageous." The court found the billing to be unreasonable, citing $10,000 for the motion for attorney fees as one example. It reduced the fee to $19,176, including $1,500 for the motion. It found that the reduction was justified because SOURCE succeeded on only one of its six CEQA arguments and on none of its four CUP arguments. It also found that SOURCE was not entitled to a double multiplier. It found that although the law firm took the case on a contingency fee basis after an initial payment of $10,000, it is "unreasonable to conclude that 246 hours spent by three attorneys and one law clerk over the course of a year precluded the firm from other work." The court further found that the administrative record of less than 1,000 pages was not particularly long and that CEQA questions are not particularly difficult for "alleged CEQA specialists." It found that counsel for SOURCE was experienced in that field and capable of handling the case "without having to reinvent the wheel."
Under the abuse of discretion standard, a trial court's ruling will not be disturbed unless the trial court exercised its discretion in an arbitrary, capricious, or patently absurd manner that resulted in a manifest miscarriage of justice. (Ketchum v. Moses, supra, 24 Cal.4th at p. 1133.) Abuse of discretion review "`asks in substance whether the ruling in question "falls outside the bounds of reason" under the applicable law and the relevant facts [citations].' [Citation.]" (People v. Giordano (2007) 42 Cal.4th 644, 663 [68 Cal.Rptr.3d 51, 170 P.3d 623].) The trial court's ruling will not be reversed if reasonable people could disagree as to the proper outcome. (Polanski v. Superior Court (2009) 180 Cal.App.4th 507, 537 [102 Cal.Rptr.3d 696].)
First, a trial court may reduce attorney fees based on the plaintiff's degree of success. (Center for Biological Diversity v. County of San Bernardino, supra, 188 Cal.App.4th at pp. 612, 615.) Indeed, the extent of a party's success is a key factor in determining the reasonable amount of attorney fees to be awarded under section 1021.5. (Guardians of Turlock's Integrity v. Turlock City Council (1983) 149 Cal.App.3d 584, 601 [197 Cal.Rptr. 303]; Sokolow v. County of San Mateo (1989) 213 Cal.App.3d 231, 248 [261 Cal.Rptr. 520].) SOURCE's limited success was the first reason for reduction cited by the court in its minute order. This was not an abuse of discretion. Although "`"a plaintiff who has won substantial relief should not have his attorney's fee reduced simply because the ... court did not adopt each contention raised ..." [citation]'" (Guardians of Turlock's Integrity v. Turlock City Council, at p. 601), a reduced fee award "`is appropriate if the relief, however significant, is limited in comparison to the scope of the litigation as a whole....'" (Sokolow v. County of San Mateo, at p. 248.) SOURCE's litigation sought to "vacate and set aside the February 28, 2012 MND and NOD [(notice of determination)] as well as the CUP and all related Project Approvals," to require preparation of an environmental impact report, and to enjoin Al-Nur from undertaking any activities pursuant to the project approvals, but its success was limited to setting aside the MND and CUP solely for the purpose of obtaining further CEQA review on the single issue of wastewater treatment. This is not an insignificant issue, by any means, but the trial court could reasonably conclude that a reduction in fees was warranted because of its rejection of the majority of SOURCE's contentions.
Another reason cited by the court was that the expenditure of 40 hours to prepare the reply brief was excessive.
In exercising its discretion to award a multiplier for contingent risk, the trial court "should consider whether, and to what extent, the attorney and client have been able to mitigate the risk of nonpayment, e.g., because the client has agreed to pay some portion of the lodestar amount regardless of outcome." (Ketchum v. Moses, supra, 24 Cal.4th at p. 1138.) It should also consider the extent to which taking the case on a contingent fee basis has precluded the attorney from taking other fee-generating work. (Serrano v. Priest, supra, 20 Cal.3d at p. 49.) Here, the fee was only partially contingent; SOURCE initially paid the law firm $10,000. The trial court found that the law firm's expenditure of 246 hours over a period of a year did not deprive it of the ability to take on other fee-generating work. SOURCE dismisses this finding as "illogical," in that the law firm would have made substantial fees for 246 hours spent on other, fee-generating work. It did not, however, offer any evidence that it had to turn down other work that it might otherwise have been able to accept in order to devote those 246 hours to this case. Accordingly, it did not show that its income suffered as a result of taking this case on a partial contingency. And, the risk it took was mitigated by the initial payment of $10,000. For these reasons, we cannot say that it was an abuse of discretion not to award a multiplier based on the contingent nature of the representation.
SOURCE also contends that it was entitled to a multiplier based on other commonly applied factors, including the complexity of the questions involved and the superior skills its attorneys displayed in presenting them. (See Serrano v. Priest, supra, 20 Cal.3d at p. 49.) However, the trial court stated that CEQA issues are not particularly difficult for experienced CEQA specialists, and that SOURCE's experienced CEQA attorneys should have been able to handle the case "without having to reinvent the wheel." This clearly implies that the trial court did not find the case to have been complex by CEQA standards. And, regardless of the general quality of the law firm's representation, the court found that the fees charged were "outrageous" in light of what it saw as the relative lack of complexity of the case and small size of the administrative record.
In Gorman, supra, 178 Cal.App.4th 44, the court concluded, after carefully reviewing California Supreme Court precedent, that despite that court's emphasis on the need to apply the lodestar method in order to reach a rational and objective determination of a reasonable attorney fee, the court has never required that trial courts engage in any explicit analysis on the record. (Id. at pp. 63-67.) Indeed, in Ketchum v. Moses, supra, 24 Cal.4th 1122, the court held that the trial court was "not required to issue a statement of decision with regard to the fee award." (Id. at p. 1140; see Gorman, at p. 65.) And, although in Ketchum the court did reverse the judgment and remand for recalculation of attorney fees, it did not do so because the trial court failed to explain the basis for its award; it did so because "... Ketchum's assertions of error [in the calculation of attorney fees] have sufficient merit to require remand of this matter for recalculation of attorney fees under an appropriate exercise of discretion pursuant to the standard we have clarified herein." (Ketchum, at p. 1141.) Nevertheless, in Gorman, the court reversed and remanded for recalculation of attorney fees because it could not determine any rational basis for the trial court's calculation, which resulted in an award of "a little under 61 percent of [the] lodestar amount." (Gorman, at p. 99.) The trial court did not give any reason whatsoever for reducing the award below the amount sought by the appellant or explain how it arrived at the amount it chose to award. (Id. at p. 57, fn. 7.) And, although the amount awarded was very precise — $416,581.37 — it did not correspond with any calculation the court could conceive. For these reasons, the court found that the award appeared to be "snatched whimsically from thin air" and was therefore an abuse of discretion. (Id. at pp. 99-101.)
We respectfully disagree with Gorman's analysis. In our view, the precision of the amount awarded indicates that rather than acting arbitrarily, the trial court applied some rational calculation, even though the appellate court could not discern what it was. The appellate court was especially flummoxed by the $0.37 remainder (Gorman, supra, 178 Cal.App.4th at p. 100), but it apparently did not consider the possibility that the trial court applied some rational formula but made an error in its arithmetic. We do agree with Gorman that because "`"[a]ll intendments and presumptions are indulged to support [the judgment] on matters as to which the record is silent ..."'" (id. at p. 59), and error must therefore be affirmatively shown (Ketchum v. Moses, supra, 24 Cal.4th at p. 1140), we cannot reverse an attorney fee award solely
Here, in contrast to Gorman, supra, 178 Cal.App.4th 44, although the court did not state the lodestar amount or explain how it arrived at the amount awarded, it did make it clear that it intended to substantially reduce the fees based on what it saw as outrageous overbilling. It stated its opinion that the case was not complicated by CEQA standards and could be handled by experienced CEQA attorneys "without having to reinvent the wheel," thus indicating a belief that the billing was exaggerated. It also stated that it was basing its fee reduction on SOURCE's limited success in the litigation. As we have discussed, these are all legitimate reasons for reducing a fee award. Because the record shows that the court acted for legitimate reasons, we cannot find an abuse of discretion simply because it failed to make its arithmetic transparent. (Ketchum v. Moses, supra, 24 Cal.4th at p. 1140.) Accordingly, for this reason as well, we conclude that SOURCE has failed to meet its burden to show affirmatively that the trial court abused its discretion.
The judgment is affirmed. Respondent and real party in interest Al-Nur Islamic Center is awarded costs on appeal.
King, J., and Miller, J., concurred.
However, although Judge Ochoa took the case over from Judge Barry Plotkin upon Judge Plotkin's retirement, Judge Plotkin had discussed the case with Judge Ochoa, who had been appointed as the court's CEQA judge. The order partially denying and partially granting the writ petition, which was signed by Judge Ochoa, states that the court had fully considered the pleadings, briefs and other papers on file, the contents of the administrative record and the oral arguments at the final hearing. We may presume, therefore, that Judge Ochoa was familiar with the issues raised in the case and had sufficient expertise to evaluate the attorney fees request. Moreover, because this was a writ proceeding rather than a trial, it cannot be said that Judge Plotkin was in a better position to assess the quality of the law firm's representation because he observed the attorneys at trial. (Cf. Perkins v. Standard Oil Co., supra, 474 F.2d at p. 552.)