Motion for Attorney’s Fees and Costs GRANTED in part. The motion is granted as to the attorney’s fees sought but not as to the hourly fees for the enforcement officer. Although Plaintiffs may be able to recover not only attorney’s fees but also costs, as explained below, it is not clear that the time which an enforcement officer spends working is recoverable as a “cost.” Plaintiff must demonstrate to the Court legal and factual basis for recovering these as costs should it seek such an award.
The Court notes that Civil Code section 3496 is not applicable on the face of the complaint, evidence supporting the motion, or any other part of the court record since this action does not involve any of the enforcement situations set forth in that provision. However, Health and Safety Code section 17980.7 is clearly and expressly applicable to this action. In subdivisions (c)(11) and (d)(1), it expressly allows the “prevailing party’ on an abatement action and, more specifically, the “enforcemen
Hearing Date
February 26, 2020
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Motion for Attorney’s Fees and Costs GRANTED in part. The motion is granted as to the attorney’s fees sought but not as to the hourly fees for the enforcement officer. Although Plaintiffs may be able to recover not only attorney’s fees but also costs, as explained below, it is not clear that the time which an enforcement officer spends working is recoverable as a “cost.” Plaintiff must demonstrate to the Court legal and factual basis for recovering these as costs should it seek such an award.
The Court notes that Civil Code section 3496 is not applicable on the face of the complaint, evidence supporting the motion, or any other part of the court record since this action does not involve any of the enforcement situations set forth in that provision. However, Health and Safety Code section 17980.7 is clearly and expressly applicable to this action. In subdivisions (c)(11) and (d)(1), it expressly allows the “prevailing party’ on an abatement action and, more specifically, the “enforcemen