Braude

Plaintiffs, Marvin Braude and James Ruddick, appeal from a judgment of the superior court disallowing an award of attorneys’ fees to them on either the substantial benefit theory or the private attorney general theory codified in Code of Civil Procedure section 1021.5. The defendant, Automobile Club of Southern California (the Club) cross-appeals from the judgment insofar as it prohibits the Club from using general proxies in contested elections of the board of directors of the Club. We will reverse the decision insofar as it denies attorneys’ fees under the private attorney general doctrine and will otherwise affirm the judgment.

This case was initially filed in February 1971—15 years ago. Since then there have been three trials in Los Angeles County and two former appeals, reported in Braude v. Havenner (1974) 38 Cal.App.3d 526 [ 113 Cal.Rptr. 386 ] (Braude I) and Braude v. Automobile Club of Southern Cal. (1978) 78 Cal.App.3d 178 [ 144 Cal.Rptr. 169 ] (Braude II).

Plaintiffs commenced these proceedings pursuant to Corporations Code section 2236 et seq. to set aside an election of members of the board of directors of the Club. They mounted a broad attack upon the…