Highland Springs Conference etc. v. City of Banning
Annotate this CasePlaintiffs-appellants, Highland Springs Conference and Training Center (Highland Springs) and Banning Bench Community of Interest Association (Banning Bench), appealed August 3 and 4, 2017, orders limiting the attorney fees plaintiffs could recover from real parties in interest, SCC/Black Bench LLC (SCC/BB) and SCC Acquisitions, Inc. (SCCA). In cost memoranda, and again in duplicative fee motions, plaintiffs sought to recover fees they incurred in successfully pursuing a motion to amend their October 2008 judgments against SCC/BB, to add SCCA to the October 2008 judgments as an additional judgment debtor. The Court of Appeal reversed and remanded the matter to the trial court with directions to redetermine the amount of each plaintiff’s fee award. "We leave the question of the amount of each plaintiff’s fee award for the court’s redetermination on remand, based on all of the hours claimed by each plaintiff in pursuing the alter ego motion. We observe, however, that fee awards under [Code of Civil Procedure] section 1021.5 should be 'fully compensatory' and should begin with 'a lodestar figure based on the reasonable hours spent, multiplied by the hourly prevailing rate for private attorneys in the community conducting noncontingent litigation of the same type.'”
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