No Toxic Air, Inc. v. LeHigh Southwest Cement Co.

The prevailing party in an administrative mandamus proceeding may recover the cost of attorney and paralegal work necessary to prepare the administrative record.  Under CCP 1094.5(a), if the prevailing party in an administrative mandamus proceeding has paid part of the cost of preparing the administrative record, it may recover that sum as costs.  Following Otay Ranch, LP v. County of San Diego (2014) 230 Cal.App.4th 60, this decision holds that time necessarily spent by the administrative agency’s attorneys and paralegals in assembling the administrative record—particularly in this complex administrative proceeding—are recoverable costs under the cited section since the trial court found that their work was not only necessary but essential to assembly of the administrative record.

California Court of Appeal, Sixth District (Rushing, P.J.); July 28, 2016; 2016 WL 4063036

 

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