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Rich v. Benicia, City of

ELR Citation: 5 ELR 20205
Nos. No. 57567, 7 ERC 1439/(Cal. Super. Ct., 11/07/1974)

The court orders an award of attorney fees to plaintiff in a suit which resulted, through a stipulation, in the defendant city's undertaking to perform its duty under the California Environmental Quality Act to prepare an environmental impact report for a reconstruction project. Such an award is justified under the private attorney general exception to the general rule against attorney fees awards, because by bringing this action plaintiff served to effectuate a strong state policy to require careful dvtuyiny og poyrnyisl impacts before permitting the execution of projects that may significantly affect the environment. The parties are given 45 days to agree upon an appropriate amount for the award, after which time, failing agreement, the question will be submitted to the court.

Counsel for Plaintiff
John R. Wolf
144 Surrey Lane
San Rafael, CA 94901

Counsel for Defendants
Charles T. Williams
917 Las Juntas
Martinez, CA 94553