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CITY OF MONTE SERENO v. PADGETT

No. H029631.

58 Cal.Rptr.3d 218 (2007)

149 Cal.App.4th 1530

CITY OF MONTE SERENO, Plaintiff and Respondent, v. Darla PADGETT, et. al., Defendants and Appellants.

Court of Appeal of California, Sixth District.

April 23, 2007.

Attorney(s) appearing for the Case

McManis Faulkner & Morgan, James McManis, Michael Reedy and Christine Peek, San Jose, for Defendants and Appellants.

Logan & Powell, Kirsten M. Powell and Leigh F. Prince, for Plaintiff and Respondent.

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...

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