Van Hook v. Board of Retirement

Naomi Van Hook and Meredith Cox (hereafter appellants) appeal orders denying attorney’s fees. Appellants contend that (1) the trial court erred in refusing to award reasonable attorney’s fees to appellants who were successful petitioners under the provisions of Government Code section 31536; (2) the intent of the statute requires that such fees should be awarded; and (3) the fees were denied on inappropriate grounds.

Pursuant to the stipulation of the parties and the order of this court filed September 17, 1982, appellant Van Hook’s and appellant Cox’s cases were consolidated on this appeal.

The relevant facts are as follows: Appellant Van Hook and appellant Cox filed their respective petitions, each seeking the issuance of a peremptory writ of mandate ordering respondent to grant them a service-connected disability retirement allowance. Appellants sought costs and reasonable attorney’s fees in accordance with Government Code section 31536. Respondent filed an answer and a hearing was held in both cases. In each respective case, appellant’s petition for disability allowance was granted but attorney’s fees were denied. Appellants moved for reconsideration on the issue of…