Wilson

This appeal involves the trial court’s denial of attorney’s fees. In a related appeal of the underlying lawsuit (Board of Administration v. Wilson (1997) 52 Cal.App.4th 1109 [ 61 Cal.Rptr.2d 207 ]), we affirmed the trial court’s judgment directing issuance of a writ of mandamus, concluding that “in arrears” public pension financing was an unconstitutional impairment of contract. In this appeal, plaintiffs Board of Administration of the California Public Employees’ Retirement System (PERS) and William D. Crist, PERS member and president of the PERS Board (hereafter collectively PERS) appeal from the trial court’s denial of a motion for attorney’s fees under California’s private attorney general statute (Code Civ. Proc., § 1021.5; further statutory references are to the Code of Civil Procedure unless otherwise designated) and the federal Civil Rights Attorney’s Fees Awards Act of 1976 ( 42 U.S.C. § 1988 (hereafter § 1988)). Defendant Pete Wilson, as Governor of the State of California (defendant), cross-appeals from the trial court’s “unnecessary determination” that the amount of fees and costs sought was reasonable.

In the unpublished portion of this opinion, we conclude…