Mervyn's

The instant appeal involves two consolidated cases arising out of the same proceeding. In No. A078208, petitioner, plaintiff and appellant Mervyn’s (Mervyn’s) appeals from a judgment directing issuance of a peremptory writ of mandate, insofar as it refused to invalidate and set aside the entire initiative petition, presented by respondent and real party in interest Sherman L. Lewis HI (Lewis) to respondents and defendants City of Hayward, its clerk and its city council (Hayward). The initiative petition involved land use and the Hayward General Policies Plan. In No. A079486, Mervyn’s and Lewis each challenge the awards of attorney fees. Hayward takes a position of neutrality as to the validity of the initiative, no attorney fees were awarded against Hayward and Hayward is not involved in the appeal.

In No. A078208, Mervyn’s contends: (1) the initiative petition does not “contain . . . the text of the measure” as required by Elections Code section 9201; and (2) the superior court’s ruling that section 3 of the initiative was illegal had the effect of invalidating the entire initiative. In No. A079486, Lewis contends: (1) the attorney fees awarded to him were inadequate;…