Stirling

—In this case we consider the award of attorney’s fees under Government Code section 800 to the prevailing “complainant” for arbitrary or capricious conduct by a public entity or its officers. We hold that the complainant is the party who initiates the civil action to appeal or review the determination of any administrative proceeding and that the trial court consequently erred in awarding attorney’s fees to the prevailing real party in interest. We further hold that the conduct of the public officer in question did not constitute arbitrary or capricious action.

Dave Stirling, the general counsel of the Agricultural Labor Relations Board (General Counsel), petitioned the superior court for a writ of prohibition and/or mandate seeking an order requiring the Agricultural Labor Relations Board to adopt standards for reviewing settlements proposed by the General Counsel during unfair labor practice proceedings and to consider a proposed settlement in the matter of the McCarthy Farming Company, Inc. proceeding in light of that standard. The trial court summarily denied the petition and awarded attorney’s fees to the real party in interest, United Farm Workers of America,…