Schafer v. City of Los Angeles CA2/3
Plaintiffs Carl Schafer and Elizabeth Leslie appeal from an order denying their motion for attorney fees under Code of Civil Procedure section 1021.5. Plaintiffs successfully petitioned the trial court for a writ of mandate directing the City of Los Angeles (City) to revoke permits for a commercial parking lot located near two homes Plaintiffs own in the neighborhood. In denying private attorney general fees, the trial court determined Plaintiffs’ private economic interest, as represented by the claimed diminution in the value of their property, was more than sufficient to justify their suit against the City, regardless of any public interest that the legal action also advanced. The court applied the correct legal standard and the evidence supports its conclusion. We find no abuse of discretion. We affirm.
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