Modification: SSL Landlord v. County of San Mateo

SSL LANDLORD, LLC, et al.,

Plaintiffs and Appellants,

v.

COUNTY OF SAN MATEO,

Defendant and Respondent.

No. A151318

(San Mateo County

Super. Ct. No. CIV532369)

ORDER MODIFYING OPINION AND DENYING REHEARING

NO CHANGE IN JUDGMENT

ORDER DENYING REQUEST

TO DEPUBLISH OPINION

California Courts of Appeal

First Appellate District

Division Three

Filed May 15, 2019

THE COURT:

It is ordered that the opinion filed on April 23, 2019, be modified as follows:

(1) At page five, in the first full paragraph, commencing with "Revenue and Taxation Code section 1611.6," delete the last sentence of that paragraph that reads:

The referenced Government Code Section 800 reads: "(a) In any civil action to appeal or review of the award, finding, or other determination of any administrative proceeding under this code or any other provision of state law . . ., if it is shown that the award, finding, or other determination of the proceeding was the result of arbitrary or capricious action or conduct by a public entity or any officer thereof in his or her official capacity, the complainant if he or she prevails in the civil action may collect from the public entity reasonable attorney's fees . . . ."

(2) At pages six and seven, delete the paragraph (last three lines on page six and first six lines on page seven) that reads:

Additionally, as we have held, an " ' "award of attorney's fees under Government Code section 800 is allowed only if the actions of a public entity or official were wholly arbitrary or capricious. The phrase 'arbitrary or capricious' encompasses conduct not supported by a fair or substantial reason, a stubborn insistence on following unauthorized conduct, or bad faith legal dispute." [Citations.] Attorney's fees may not be awarded simply because the administrative entity or official's action was erroneous, even if it was "clearly erroneous." ' " (American President Lines, Ltd. v. Zolin (1995) 38 Cal.App.4th 910, 934, quoting Stirling v. Agricultural Labor Relations Bd. (1987) 189 Cal.App.3d 1305, 1312.)

(3) At page eight, delete first full paragraph, that reads:

Because the Board's resolution of Silverado's assessment appeals was neither arbitrary nor capricious, nor caused by a legal position taken in bad faith, no award of attorney fees is warranted under section 1611.6.

and substitute the following paragraph:

Because the Board's resolution of Silverado's assessment appeals was neither arbitrary nor capricious, no award of attorney fees is warranted under section 1611.6.

The petition for rehearing is denied. There is no change in the judgment.

The request to depublish the opinion is denied.

Dated: May 15, 2019

SIGGINS, J., P.J.