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City of Arcadia et al v. State Water Resources Control Board et al

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE


December 14, 2010

CITY OF ARCADIA ET AL., PLAINTIFFS AND RESPONDENTS,
v.
STATE WATER RESOURCES CONTROL BOARD ET AL., DEFENDANTS AND APPELLANTS.

Appeal from a postjudgment order of the Superior Court of Orange County, Thierry Patrick Colaw, Judge. Reversed. (Super. Ct. No. 06CC02974)

The opinion of the court was delivered by: Rylaarsdam, Acting P. J.

City of Arcadia v. State Water Resources Control Board

CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

OPINION

This case is a companion appeal to City of Arcadia v. State Water Resources Control Board, G041545, December 14, 2010 [nonpub. opn.]. In this appeal, defendants State Water Resources Control Board and California Regional Water Quality Control Board, Los Angeles Region challenge a postjudgment order awarding plaintiff municipalities over $600,000 in attorney fees under Code of Civil Procedure section 1021.5 [successful party in action resulting in enforcement of important public right entitled to attorney fees]. But "[a]n order awarding such fees 'falls with a reversal of the judgment on which it is based.' [Citation.]" (California Grocers Assn. v. Bank of America (1994) 22 Cal.App.4th 205, 220.) Since in the companion case we reverse the judgment for plaintiffs, the order awarding plaintiff municipalities their attorney fees must also be reversed.

DISPOSITION

The postjudgment order awarding attorney fees is reversed. Appellants shall recover their costs on appeal.

WE CONCUR: ARONSON, J. IKOLA, J.

20101214

© 1992-2010 VersusLaw Inc.



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