Great Lakes Properties, Inc. v. City of El Segundo

I dissent.

In construing section 27428 as requiring “private attorney general” plaintiffs to pay attorneys fees incurred by successful defendants, the majority ignore the cardinal principle of statutory interpretation, which mandates that statutes be construed to effectuate the legislative purpose underlying the enactment. Although the language of section 27428, read in isolation, is susceptible to the majority’s interpretation, it is equally susceptible to the interpretation that attorneys fees are to be awarded only to persons who have brought actions to enforce the act. The statute is not…