Citizens for Civic Accountability v. Town of Danville
Plaintiff Citizens for Civic Accountability appeals a postjudgment order denying its request for private attorney general attorney fees in its underlying mandamus proceeding. On October 14, 2009, in an unpublished opinion, this court ruled in favor of plaintiff and reversed the judgment in the underlying action on the merits. (Citizens for Civic Accountability v. Town of Danville(Oct. 14, 2009, as modified Nov. 9, 2009, A121899.) We remanded with directions to the trial court to: (1) enter a judgment granting plaintiffs writ of mandate petition, and (2) issue a peremptory writ of mandate directing defendant Town of Danville to (a) set aside its certification of the Mitigated Negative Declaration for the project, and (b) prepare an environmental impact report in compliance with the California Environmental Quality Act (Pub. Resources Code, 21000 et seq.). In accordance with the views expressed in our opinion, the courts postjudgment order denying plaintiff attorney fees must also be reversed. On remand, the trial court is ordered to rehear plaintiffs motion for attorney fees. Plaintiff is entitled to costs on appeal.
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