Animal Protection and Rescue League v. City of San Diego

Opinion

AARON, J.—

I

INTRODUCTION

The primary issue we must decide in this appeal is whether a municipality may be considered an “opposing part[y]” for purposes of the private attorney general fee statute (Code Civ. Proc., § 1021.5) 1 when it confesses error in response to a petition for writ of mandate challenging the municipality’s action. In the published portion of this opinion, we conclude that a municipality may be considered an opposing party under such circumstances and that the trial court did not err in concluding that the municipality in this case was an opposing party and awarding…