Duffy

In this case, both sides appeal from an award of attorney's to Code of Civil Procedure, section 1021.5. John F. Duffy, Sheriff of San Diego County (Duffy), contends the trial court erred in awarding any attorneys’ fees as well as costs to California Common Cause and individual taxpayers (collectively referred to as Taxpayers) because they failed to meet any of the statutory requirements. The Taxpayers contend the trial court abused its discretion in calculating the amount of the fee award. We conclude the attorneys’ fees and costs were properly awarded but remand for recalculation of the amount.

Facts

In January 1985, Duffy appeared at press conferences in Los Angeles and Sacramento sponsored by Crime Victims for Court Reform, a private political committee organized to encourage Chief Justice Rose Bird to resign and failing that, to encourage the public to vote against her retention. Duffy announced his support for the political committee and stated he would help distribute postcards containing a strongly-worded anti-Bird message. The postcards were designed to be mailed by citizens to Bird.

In February 1985, Duffy directed the postcards be distributed throughout the…