Willits Municipal Code Ch. 2.11 Attorney's Fees

For purposes of this chapter, the following words and phrases shall have the meanings as set forth hereinafter unless the context appears otherwise:

"Adverse party" means any party to any litigation who seeks any relief from the city or opposes any relief requested by the city.

"City" means the city of Willits, its officers, agents and employees.

"Court" means any court, administrative proceeding or hearing of any kind.

"Litigation" means any hearing, administrative proceeding or court action to which the city is a party.

"Prevailing party" means a party to litigation who obtains any relief it has sought in the litigation. The term "any relief" includes, but is not limited to, one or more but not necessarily all of the claims or defenses asserted in the action. Any party who achieves any relief sought including relief by way of settlement or unilateral act of an opposing party shall also be considered a prevailing party for purposes of this section.

(Ord. 90-18 § 2(part)).

In any litigation in which the city is a prevailing party, the city shall be entitled to recover from all adverse parties all of its costs and reasonable attorney's fees incurred in prosecuting or defending the action.

(Ord. 90-18 § 2(part)).

Such fees shall be established by the court upon the filing of a cost bill as provided by law or by separate motion. In determining the amount of the fee the court shall multiply the number of hours devoted to preparing, prosecuting or defending the action, commencing when the matter is first referred to the city attorney, by a reasonable hourly rate for the services provided. In determining a reasonable hourly rate, the court shall consider the reasonable market rate in the jurisdiction for the attorney's services, taking into consideration the attorney's experience and skill and shall not be limited to the amounts actually paid by the city.

(Ord. 90-18 § 2 (part)).

If there is more than one adverse party, they shall be jointly and severally liable for all of the attorney's fees awarded to the city by the court.

(Ord. 90-18 § 2(part)).

Notwithstanding any provisions of this chapter to the contrary, nothing in this chapter shall authorize any court to award attorney fees to the city where such fees are precluded by Section 1021.5 of the Code of Civil Procedure.

(Ord 95-1 § 2).

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this chapter. The city council declares that it would have passed the ordinance codified in this chapter and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that any one or more such provisions be declared unconstitutional or invalid.

(Ord. 90-18 § 2(part)).