Filed: Oct. 20, 2011
Latest Update: Oct. 20, 2011
Summary: NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS TURNER, P. J. Defendants, California Coastal Commission and the City of Malibu, and the real party in interest, Malibu Bay Company,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 rever
Summary: NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS TURNER, P. J. Defendants, California Coastal Commission and the City of Malibu, and the real party in interest, Malibu Bay Company,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 revers..
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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
TURNER, P. J.
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.
KRIEGLER, J., and KUMAR, J.,* concurs.
FootNotes
* Judge of the Los Angeles Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.
