Lindelli

Bien & Summers, Elliot L. Bien, Novato; Ragghianti Freitas, Gary T. Ragghianti, San Rafael, for real party in interest and respondent.

Remcho, Johansen & Purcell, Robin B. Johansen and Thomas A. Willis, for movant and appellant.

GEMELLO, J.

The issue presented is whether attorneys acting on their own behalf can intervene in a client's lawsuit and move for attorney fees under Code of Civil Procedure section 1021.5, which provides for fee awards in cases resulting in the enforcement of important rights affecting the public interest.

In Lindelli v. Town of San Anselmo (2003) 111 Cal.App.4th 1099 , 4 Cal.Rptr.3d 453 ( Lindelli I ), we held that the Town of San Anselmo violated the stay provisions of Elections Code section 9241 in awarding an interim contract for waste management services to Marin Sanitary Service notwithstanding the fact that an earlier ordinance awarding a contract for such services to Marin Sanitary Service was the subject of an upcoming referendum election. The case returns because on remand, the successful petitioners, Suzanne N. Lindelli and North Bay Corporation, declined to authorize their attorneys, Remcho, Johansen & Purcell (RJP), to file a motion for an…