N Modesto Groundwater Alliance v. City of Modesto
The appeal and cross-appeal herein relate to attorneys’ fees awarded pursuant to Code of Civil Procedure section 1021.5 in the litigation underlying an appeal we decided previously, North Modesto Groundwater Alliance v. City of Modesto (Jan. 13, 2017, F072165) [nonpub. opn.]. In that decision, we reversed a judgment on the merits in favor of plaintiff. The trial court had awarded attorneys’ fees to plaintiff, but the issue of attorneys’ fees was not included in the prior appeal. Instead, plaintiff filed the present appeal from the attorneys’ fees order, arguing that a larger amount should have been awarded. Defendants then filed a cross-appeal, arguing that no attorneys’ fees should have been awarded. The remittitur has now been issued in the prior appeal.
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