LandValue 77 v. Bd. of Trustees of Cal. State U.
Plaintiffs appeal the denial of their motion for attorney fees under Code of Civil Procedure section 1021.5 (section 1021.5), the statute that contains California’s private attorney general doctrine. We affirm.
In the underlying lawsuit, plaintiffs challenged a mixed-use development project located on 45 acres of land on the campus of the California State University, Fresno near the Save Mart Center. The land was leased by the university to a private developer that agreed to build apartments, offices, retail stores, a hotel, and a 14-screen movie theater. In 2007, during the project’s public comment period, plaintiffs submitted a letter asserting that the proposed movie theater would “have severe economic consequences regarding other theaters in the Fresno/Clovis area, including the theater at Sierra Vista Mall,†and might put these theaters out of business. Plaintiffs owned and managed the Sierra Vista Mall, which is about two miles east of the project.
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