Zucchet v. City of San Diego
The City of San Diego (hereafter San Diego or the City) appeals from an adverse summary judgment ruling in a declaratory relief action brought by former San Diego Mayor Richard Murphy and former City Councilmembers Ralph Inzunza and Michael Zucchet. The City challenges the trial court's ruling (1) that the City is obligated, pursuant to Government Code section 995,[1]to provide Murphy, Inzunza and Zucchet with a defense to a lawsuit that the city attorney filed against them; and (2) that the City must pay Murphy, Inzunza and Zucchet the attorney fees and costs that they incurred in litigating this action. The underlying lawsuit filed by the City against Murphy, Inzunza and Zucchet challenged the validity of ordinances that impact the pension benefits that Murphy, Inzunza, Zucchet and other elected officers of the City will be entitled to collect upon retirement.
Court conclude that the trial court did not properly apply the standards set forth in section 800, because it did not limit the award of attorney fees to reasonable fees computed at $100 per hour and a total fee amount of no more than $7,500. Therefore, Court vacate the portion of the judgment concerning the award of attorney fees incurred in this action, and Court remand for the trial court to apply the standards set forth in section 800 in making the fee award.
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