Brown

Children etc. Com. of Fresno County v. Brown

Good Law
174 Cal. Rptr. 3d 874·2014 Cal. App. LEXIS 664·228 Cal. App. 4th 45·2014 WL 3585890
Court of Appeal of CaliforniaJuly 22, 2014F066233California7,076 words

Opinion

Opinion

Gomes, J.

Plaintiffs Children and Families Commission of Fresno County (Fresno Commission), Madera County Children and Families Commission (Madera Commission), First 5 Merced County (Merced Commission), First 5 Solano Children and Families Commission (Solano Commission) and Kendra Rogers (collectively the Commissions) appeal from a postjudgment order denying their motion for attorney fees sought under the private attorney general doctrine. (Code Civ. Proc., § 1021.5.) We conclude section 1021.5 does not apply because, as the trial court correctly determined, the financial burden of this litigation was not out of proportion to the Commissions’ pecuniary stakes in the proceedings. We therefore affirm the order denying attorney fees.

FACTUAL AND PROCEDURAL BACKGROUND

In November 1998, California voters adopted Proposition 10, the California Children and Families First Act of 1998. (Prop. 10, § 5, adopted Nov. 3, 1998; see Health & Saf. Code, § 130100, subd. (c); hereafter Proposition 10 or the Act.) The Act created a program to promote, support and improve “the early development of children from the prenatal stage to five years of age,” “through the establishment, institution, and…

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