Mandel

Mandel v. Lackner

Good Law
155 Cal. Rptr. 269·1979 Cal. App. LEXIS 1714·92 Cal. App. 3d 747
Court of Appeal of CaliforniaMay 4, 1979Civ. 42070California5,361 words

Opinion

Opinion

Rattigan, J.

This is the second appeal taken by the captioned state officers in this action. The first one was from a judgment in favor of respondent which we affirmed on its merits. (Mandel v. Hodges (1976) 54 Cal.App.3d 596 [ 127 Cal.Rptr. 244 , 90 A.L.R.3d 728].) Among other things, that judgment (1) enjoined the Governor from continuing the practice of ordering the closure of state offices on the religious holyday of Good Friday, between noon and 3 p.m., upon the ground that the practice violated constitutional proscriptions involving the treatment of religion by government (U.S. Const., 1st Amend., cl. 1; id., 14th Amend.; Cal. Const., art. I, § 4); (2) enjoined the Controller, on the same ground, from paying state employees for time taken off from work during the three-hour period mentioned; and (3) awarded respondent $25,000 as compensation for the services rendered by her attorneys prior to the entiy of the judgment. (Mandel I, supra, at pp. 610-624.)

Acting upon respondent’s application to this court for an award of attorneys’ fees on that appeal, we deferred to the trial court and vested it with jurisdiction to hear and act upon her application in subsequent proceedings.…

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