San Benito County Water District v. McAlpine CA6
In this action, the San Benito County Water District (Water District or SBCWD) sought to recover overdue, unpaid groundwater charges and attorney fees and costs of collection from defendant Randall McAlpine, individually and doing business as McAlpine Lake & Park (defendant). Defendant paid $25,000 to the Water District under protest following the trial court’s issuance of a preliminary injunction that went into effect unless and until such payment was made. By motion, the Water District sought an award of reasonable attorney fees and costs associated with collection of defendant’s past due account, relying upon a local regulation (SBCWD Code of Regs., § 4.44.010, subd. C). The court granted the Water District’s motion for attorney fees and costs, but it awarded less than the full amount requested. A signed, written order awarding attorney fees and costs of collection to the Water District was subsequently filed on February 14, 2017.
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