Washburn

Andrea Washburn and others (plaintiffs) filed a petition for writ of mandate against the City of Berkeley (City) and others pursuant to Elections Code section 5025, challenging as false and misleading a ballot argument submitted in support of a local initiative measure. Following entry of a stipulated judgment, plaintiffs were awarded attorney fees under Code of Civil Procedure section 1021.5 from real party in interest Anna Rabkin (Rabkin). Rabkin attacks the fee award on several grounds. She argues: (1) plaintiffs waived any claim to attorney fees; (2) plaintiffs do not qualify for fees under section 1021.5; (3) ballot arguments are privileged within the meaning of Civil Code section 47 and exempt from the general rules governing awards of fees; and (4) the fee award violated her First Amendment right to free speech and her California constitutional right to petition the government for redress of grievances. Plaintiff Washburn (Washburn) has cross-appealed, arguing that the court improperly calculated the award. We affirm the order.

Statement of the Case

The Elections Code establishes a procedure permitting individual voters and citizen groups to submit ballot…