Best

*1454 Opinion

Stephen Best appeals a judgment awarding him attorney’s fees under Code of Civil Procedure 1 section 1021.5, contending the trial court erred in disallowing an award for fees incurred during administrative proceedings. We agree with his contention, reverse that portion of the judgment, and remand the case for a further calculation of attorney’s fees. San Diego County Electrical Joint Apprenticeship Training Committee (JATC) and California Apprenticeship Council (CAC) 2 cross-appeal, meritlessly contending Best should not have been awarded any attorney’s fees at all.

I

The facts underlying this case appear in a decision of this court, Best v. California Apprenticeship Council (1984) 161 Cal.App.3d 626 [ 207 Cal.Rptr. 863 ]. Best, a participant in the JATC program, applied to JATC for an exemption, based on religious belief, from assignment to a nuclear powerplant. JATC denied his request and disciplined him with a 60-day suspension and termination from the program. Best appealed the decision, and, after an administrative hearing, an administrator held JATC unreasonably applied its policy by ignoring Best’s religious beliefs and concern for his safety. JATC appealed…

I respectfully dissent in part. We recently considered the question of whether attorney fees for administrative proceedings could be awarded under Code of Civil Procedure section 1021.5 in Beach Colony II. v. California Coastal Com. (1985) 166 Cal.App.3d 106, 115 . Although we based the decision that the developer of Beach Colony II was not entitled to fees on the ground it had not shown its financial burden was out of proportion to its individual stake, we did analyze the developer’s contention that Code of Civil Procedure section 1021.5 provided for fees in the administrative proceeding as follows: “Section 1021.5 states an award of attorneys fees *1473 is appropriate if specific criteria is met and one party is successful ‘in any action . . . .’ Colony II reads section 1021.5 as including administrative proceedings. ‘An “action” however, is merely a form of judicial remedy sought to protect a right or redress a wrong. [Citations.]’ (Serrano v. Unruh (1982) 32 Cal.3d 621 , 636 . . . (Serrano IV), italics added.) The Supreme Court in Serrano IV defines judicial remedy as one ‘ “administered by the courts of justice, or by judicial officers empowered for that purpose ....’” (Id.,…

L. William McGrath, Jr., and Ludecke, McGrath & Denton for Real Party in Interest and Appellant.

OPINION

WORK, Acting P.J.

Stephen Best appeals a judgment awarding him attorney's fees under Code of Civil Procedure [1] section 1021.5, contending the trial court erred in disallowing an award for fees incurred during administrative proceedings. We agree with his contention, reverse that portion of the judgment, and remand the case for a further calculation of attorney's fees. San Diego County Electrical Joint Apprenticeship Training Committee (JATC) and California Apprenticeship Council (CAC) [2] cross-appeal, meritlessly contending Best should not have been awarded any attorney's fees at all.

The facts underlying this case appear in a decision of this court, Best v. California Apprenticeship Council (1984) 161 Cal. App.3d 626 [ 207 Cal. Rptr. 863 ]. Best, a participant in the JATC program, applied to JATC for an exemption, based on religious belief, from assignment to a nuclear powerplant. JATC denied his request and disciplined him with a 60-day suspension and termination from the program. Best appealed the decision, and, after an administrative hearing, an administrator held…