Boyle

*1113 Opinion

Introduction

This appeal arises from a judgment of dismissal after the sustaining of a demurrer without leave to amend to a complaint alleging that defendant city council violated the Ralph M. Brown Act (Gov. Code, § 54950 et seq., 1 which this opinion will refer to as the Brown Act). Among other provisions, the Brown Act generally requires local legislative bodies to conduct meetings in open, public sessions and to post meeting agendas in advance. Appellant contends that at two separate meetings, the city council discussed matters it had not properly and timely placed on the agenda. We conclude that although the city council did not properly and timely post its agenda as required by statute, the complaint states no cause of action under the Brown Act. As to the first meeting, there was no “action taken” and the city council later exercised its statutory discretion to “correct or cure” the alleged violation. As to the second meeting, plaintiff did not file a timely complaint.

Because we find that the trial court did not make findings to support the award of attorney fees to the city council defendants, we reverse that attorney fee award and remand to the trial…