On July 6, 2015, the Fourth District Court of Appeal ordered publication of Coalition for a Sustainable Yucaipa v. City of Yucaipa (July 6, 2015, E057589) __Cal.App.4th__. The court upheld the trial court’s ruling denying attorney’s fees to the Coalition for a Sustainable Yucaipa (Coalition) after the City of Yucaipa (City) rescinded project approvals for reasons unrelated to the litigation. The court held the Coalition was not a prevailing party under the “catalyst theory” because the Coalition failed to show that they were a substantial factor in the City’s decision to revoke the entitlements.
Plaintiffs who claim they are a prevailing party eligible to recover under the “catalyst theory” bear the burden of showing they were a substantial factor in the decision that rendered the litigation moot.
Read Thomas Law Group’s original blog on the case at: