Flynn

Flynn v. Vinson CA4/2

Good Law
Court of Appeal of CaliforniaNovember 18, 2014E058128California6,067 words

Opinion

Opinion

INTRODUCTION

Real parties in interest and appellants Diana Serafin and Robin Nielson

(collectively Serafin)1 succeeded in opposing a preelection challenge to Measure N, the

Murrieta Prohibition of Automated Traffic Enforcement Systems Act, which was a local

ballot initiative they proposed for the removal of red light cameras in the City of

Murrieta. Although the superior court initially granted a mandamus petition filed by

plaintiff Stephen Flynn against the city clerk and other city and county officials, and

ordered Measure N removed from the ballot, Serafin successfully petitioned this court for

a writ of mandate directing the trial court to deny Flynn’s petition and allow Measure N

to remain on the November 6, 2012, ballot. (Diana Serafin et al. v. Superior Court

(Flynn) (Sept. 18, 2013, E056868) [nonpub. opn.] (Serafin II).)

After we issued our remittitur, Serafin filed a motion seeking attorney fees under

the private attorney general doctrine codified in Code of Civil Procedure section 1021.5,

and filed memorandums of costs. In postjudgment proceedings, the trial court denied

1 We use “Serafin” for ease of reference with respect to real parties in interest. No…

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