Legal Opinion

CITY OF MONTE SERENO v. Padgett

California Court of Appeal

Decided April 23, 2007No. H029631PublishedCited by 6 opinions

1Opinion of the Court

Opinion

ELIA, J.

The City of Monte Sereno (City) sued defendants Darla and Joseph Padgett for abatement of a public nuisance and violations of the Monte Sereno Municipal Code (MSMC). The parties settled before trial, with an agreement that the action would be “deemed dismissed” upon defendants’ compliance with the City’s demands, and that the City could thereafter seek its attorney fees. The trial court awarded the City its fees based on two provisions of the MSMC. On appeal, defendants challenge the validity of these provisions. Defendants further contend that the City should not have received…

2Cases cited17 opinions

  1. Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
  2. Energy Reserves Group, Inc. v. Kansas Power & Light Co.Supreme Court of the United States · 1983
  3. Evangelatos v. Superior CourtCalifornia Supreme Court · 1988
  4. Aetna Casualty & Surety Co. v. Industrial Accident CommissionCalifornia Supreme Court · 1947
  5. Californians for Disability Rights v. Mervyn's, LLCCalifornia Supreme Court · 2006

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3Cited by6 opinions

  1. Rental Housing Assn. of Northern Alameda County v. City of OaklandCalifornia Court of Appeal · 2009
  2. Gaylan Harris v. County of OrangeCourt of Appeals for the Ninth Circuit · 2021
  3. Carter v. CohenCalifornia Court of Appeal · 2010
  4. USS-POSCO Industries v. Floyd CaseCalifornia Court of Appeal · 2016
  5. Woodland Park Management, LLC v. City of East Palo Alto Rent Stabilization BoardCalifornia Court of Appeal · 2010

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