Schmid

Introduction

The Richmond Unified School District and certain officials thereof appeal the award of attorney’s fees against them and in favor of plaintiff Marvin Schmid. Said fees were awarded in connection with plaintiff’s successful action against appellants and various state agencies and officials in which the court granted injunctive relief and declared the unconstitutionality of former Education Code sections 7001, 7003 and 7006. These statutes required that employees of school and community college districts subscribe to an oath stating they are not knowing members of the Communist Party. The sole issue on appeal is whether the superior court abused its discretion in awarding attorney’s fees to plaintiff’s counsel pursuant to Code of Civil Procedure section 1021.5 (California private attorney-general statute) and 42 United States Code section 1988 (awarding fees to the “prevailing party” in civil rights litigation).

Statement of the Case

Plaintiff sought injunctive and declaratory relief by way of an action in the Superior Court of Contra Costa County against officials of the district and against the district itself, officials of the Contra Costa County Community…