Angelheart

—Defendants City of Burbank, Michael R. Hastings, in his capacity as Mayor of Burbank, and Robert Bowne, Al Dossin, Mary Lou Howard, and Mary Kelsey, in their capacity as members of the Burbank City Council (herein referred to as City), appeal from an order awarding plaintiffs attorneys’ fees of $18,700 pursuant to Code of Civil Procedure section 1021.5. Plaintiffs Kathleen Angelheart, Norman Angelheart, Laurie Salas, Candy Stallings, and Mark Stallings (hereinafter collectively referred to as plaintiffs) cross-appeal from that portion of the order denying them the full amount of attorneys’ fees sought, in the amount of $71,286.62.

Factual and Procedural Background

The award of attorneys’ fees arises out of plaintiffs’ successful challenge to City’s former regulation of large family day-care homes, which regulation, they claimed, was in violation of state law.

In 1987, Mrs. Angelheart provided child care in her Burbank home for 12 children, including children of plaintiffs Stallings. Plaintiff Salas, a Burbank resident, also was licensed by the state to operate a small family day-care center, and applied to operate a large family day-care center. In September 1987,…

—I respectfully dissent.

I, too, would reverse the trial court’s judgment but for different reasons. Those different reasons would require a remand to the trial court for the purpose of applying the correct standards in fixing the amount of the attorney fee award, a process which inevitably would result in a higher award in this case.

The threshold issue, however, is whether respondent was entitled to an attorney fee award of any kind. The majority says no. I reach the opposite conclusion.

I. As the Trial Court Ruled, the Child Care Home Was Entitled to an Attorney Fee Award Under Code of Civil Procedure Section 1021.5.

The majority concedes the trial court “reasonably could have determined that the [child care home’s] action involved an important right affecting the public interest.” (Maj. opn., ante, p. 468.) But then it concludes the trial court erred in finding this action involving an important right affecting the public interest conferred a significant benefit, pecuniary or nonpecuniary, on the general public or a large class of persons.

I begin by reiterating the standard on review the majority opinion itself endorses: “The trial court has discretion to determine…

Defendants City of Burbank, Michael R. Hastings, in his capacity as Mayor of Burbank, and Robert Bowne, Al Dossin, Mary Lou Howard, and Mary Kelsey, in their capacity as members of the Burbank City Council (herein referred to as City), appeal from an order awarding plaintiffs attorneys' fees of $18,700 pursuant to Code of Civil Procedure section 1021.5. Plaintiffs Kathleen Angelheart, Norman Angelheart, Laurie Salas, Candy Stallings, and Mark Stallings (hereinafter collectively referred to as plaintiffs) cross-appeal from that portion of the order denying them the full amount of attorneys' fees sought, in the amount of $71,286.62.

The award of attorneys' fees arises out of plaintiffs' successful challenge to City's former regulation of large family day-care homes, which regulation, they claimed, was in violation of state law.

In 1987, Mrs. Angelheart provided child care in her Burbank home for 12 children, including children of plaintiffs Stallings. Plaintiff Salas, a Burbank resident, also was licensed by the state to operate a small family day-care center, and applied to operate a large family day-care center. In September 1987, City informed the…