Lindelli

Lindelli v. Town of San Anselmo

Good Law

139 Cal. App. 4th 1499·2006 Cal. App. LEXIS 789·2006 Daily Journal DAR 6642·43 Cal. Rptr. 3d 707·2006 Cal. Daily Op. Serv. 4470

Court of Appeal of CaliforniaMay 26, 2006No. A108886California7,827 words

Opinion

lead Opinion

Gemello, J.

The issue presented is whether attorneys acting on their own behalf can intervene in a client’s lawsuit and move for attorney fees under Code of Civil Procedure section 1021.5, which provides for fee awards in cases resulting in the enforcement of important rights affecting the public interest.

*1502 In Lindelli v. Town of San Anselmo (2003) 111 Cal.App.4th 1099 [ 4 Cal.Rptr.3d 453 ] (Lindelli I), we held that the Town of San Anselmo violated the stay provisions of Elections Code section 9241 in awarding an interim contract for waste management services to Marin Sanitary Service notwithstanding the fact that an earlier ordinance awarding a contract for such services to Marin Sanitary Service was the subject of an upcoming referendum election. The case returns because on remand, the successful petitioners, Suzanne N. Lindelli and North Bay Corporation, declined to authorize their attorneys, Remcho, Johansen & Purcell (RJP), to file a motion for an award of attorney fees under Code of Civil Procedure section 1021.5. 1 Thereafter, RJP sought leave to intervene to file a motion for attorney fees on their own behalf. The trial court denied RJP’s motion.

Resolution of the…

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Parties

SUZANNE N. LINDELLI, and
Plaintiff
TOWN OF SAN ANSELMO, and MARIN SANITARY SERVICE REMCHO, JOHANSEN & PURCELL, Movant and
Defendant

Judges

Gemello

Cites (41)

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