Bogan

Bogan v. Houlemard CA6

Good Law
Court of Appeal of CaliforniaSeptember 30, 2015H041246California7,728 words

Opinion

Opinion

I. INTRODUCTION

Real party in interest James Campbell was one of the official proponents of a proposed initiative being circulated among voters for signature and placement on the Monterey County ballot. Plaintiff James Bogan filed a petition for writ of mandate in the trial court seeking to have the proposed initiative rejected for filing and processing by election officials if and when the initiative was submitted with voters’ signatures. Campbell was the only party who mounted a defense against Bogan’s mandate petition, and the trial court ultimately denied the petition. The initiative appeared on the ballot but was rejected by voters at the November 2013 election. After a judgment was entered denying Bogan’s mandate petition, Campbell sought attorney’s fees and costs from Bogan under Code of Civil Procedure section 1021.5.1 The trial court granted the motion and awarded Campbell attorney’s fees and costs in the amount of $86,909.34. On appeal from the postjudgment order awarding attorney’s fees, we understand Bogan to contend that the trial court’s order was insufficient, that the court failed to apply the proper legal standard in determining whether attorney’s fees should be…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.