L.A. Cty. Office of the Dist. Attorney v. Civil Serv. Comm'n of L.A.

The Los Angeles County District Attorney’s Office (D.A.) appeals the trial court’s judgment denying a peremptory writ of mandamus. The D.A. had challenged the Los Angeles County Civil Service Commission’s order raising a promotion examination score of Deputy District Attorney Larry D. Walls, an African-American, and finding the D.A. racially discriminated against Walls. In a separate appeal consolidated with the D.A.’s appeal, Walls contests the trial court’s order denying him an award of attorney’s fees under the “private attorney general” doctrine set forth in Code of Civil Procedure section 1021.5.

Factual and Procedural Background

Since 1983, Walls was a deputy district attorney. In 1984, he was promoted from a grade I to a grade II attorney.

Walls applied for a grade III position in 1986. The grade III position, as with all promotions, required taking an examination as a prerequisite. Walls received an 86 out of a 100 maximum score on his appraisal of promotability (AP). The AP written evaluation stated, “Mr. Walls does not volunteer for extra work. He willingly does what he is asked to do but does not pick up things without being asked.” The evaluation also…