Finnegan

Introduction

These consolidated appeals arise from a taxpayer’s suit challenging the appointment of defendant Carl F. Schrader as district manager of the West Bay Sanitary District (WBSD or District). The suit alleged that Schrader’s appointment violated state conflict of interest law because Schrader was a member of the District’s Board of Directors at the time of his appointment. After a bench trial, the trial court entered judgment declaring Schrader’s employment contract void and compelling Schrader to restore all compensation he had received under it. By posttrial order, the trial court also awarded plaintiff attorney fees against Schrader under Code of Civil Procedure section 1021.5. Schrader appeals from the judgment and cross-appeals from the award of fees. Barbara A. Finnegan, successor to the original plaintiff, appeals from the order awarding attorney fees, contesting both the sufficiency of the amount awarded and the trial court’s refusal to make the District jointly and severally liable for the fee award along with Schrader.

We affirm the judgment and reverse the order awarding fees. We remand the case to the trial court to redetermine the apportionment and…