Roybal

The Salinas City Elementary School District, its superintendent, and its governing board (collectively, the District) seek review of an order requiring them to pay attorney fees under Code of Civil Procedure section 1021.5 based on the District’s improper layoff of three District employees, the successful petitioners in the underlying mandamus proceeding. On appeal, the District contends that no reasonable basis exists for recovery of attorney fees under this statute. We agree that the fee award is not supported by the record or the purposes and policies of the “private attorney general” doctrine. Accordingly, we will modify the judgment to delete these fees from the amount awarded to petitioners.

Background

Petitioners are three school psychologists who were employed by the District. In early 2005, in the face of decreasing student attendance and a revenue shortfall, the governing board of the District adopted a resolution reducing certain services and terminating the employment of certain certificated employees. The superintendent thereafter sent a “Notice of Layoff’ to 134 full-time certificated employees, including petitioners, pursuant to Education Code section…