Galbiso

Galbiso v. Orosi Public Utility District

Good Law
167 Cal. App. 4th 1063·2008 Cal. App. LEXIS 1677·84 Cal. Rptr. 3d 788
Court of Appeal of CaliforniaOctober 23, 2008F053236California9,356 words

Opinion

Opinion

Kane, J.

Appellant Mary Jane Galbiso (Galbiso) and respondent Orosi Public Utility District (OPUD) have a long-running dispute relating to the sewer assessments imposed by OPUD against Galbiso’s land and the efforts by OPUD to enforce those assessments. The present appeal involves a distinct aspect of the parties’ controversy. Specifically, Galbiso filed a complaint alleging that OPUD violated the Ralph M. Brown Act (Gov. Code, § 54950 et seq.; hereafter the Brown Act) by the manner in which it conducted meetings and made decisions, and further, that OPUD violated the California Public Records Act (§ 6250 et seq.; hereafter the Public Records Act) by its failure to allow Galbiso access to public records. Prior to trial of these particular claims, the parties reached a settlement agreement in open court. The settlement agreement provided among other things that OPUD would comply with the requirements of the Brown Act and the Public Records Act and would not engage in the type of conduct alleged in the complaint. The issue of attorney fees was reserved to the trial court. Believing she had prevailed on the statutory claims, Galbiso moved for an award of attorney fees under both the…

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