What is the test for reducing attorney's fees in a CEQA case based on degree of success?

California, United States of America


The following excerpt is from Homes v. Cnty. of Orange, G054631 (Cal. App. 2018):

A court's use of a multiplier to increase or decrease a fee award based on various factors is not an exact science; the court has broad discretion. (Cates v. Chiang (2013) 213 Cal.App.4th 791, 822.) To account for a petitioner's lack of success, for example, a reduced fee award "'"is appropriate if the relief, however significant, is limited in comparison to the scope of the litigation as a whole. . . ."'" (SOURCE, supra,

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235 Cal.App.4th at p. 1185.) At the same time, however, "'"'a [petitioner] who has won substantial relief should not have his attorney's fee reduced simply because the . . . court did not adopt each contention raised.'"'" (Ibid.) Ultimately, "[w]hile a court has discretion to reduce fees in a CEQA case based on degree of success [citation], it is, of course, not required to do so." (Center for Biological Diversity v. County of San Bernardino (2010) 185 Cal.App.4th 866, 897.)

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