Wilson

Wilson v. San Luis Obispo County

Good Law
121 Cal. Rptr. 3d 731·192 Cal. App. 4th 918·2011 Cal. App. LEXIS 169
Court of Appeal of CaliforniaFebruary 14, 2011No. B224269California3,301 words

Opinion

Lead Opinion

Yegan, J.

*921 Opinion

The San Luis Obispo County Democratic Central Committee (Committee) appeals from a postjudgment order denying its motion for reasonable attorney fees under the “private attorney general statute,” Code of Civil Procedure section 1021.5 (section 1021.5). The Committee made the motion after prevailing in an appeal filed by Gail Wilson, respondent. This court decided the appeal in a published opinion, Wilson v. San Luis Obispo County Democratic Central Com. (2009) 175 Cal.App.4th 489 [ 96 Cal.Rptr.3d 332 ] (Wilson I).

Respondent was a member of the Committee. Litigation between the parties arose after the Committee had removed respondent from office. Based upon the recent California Supreme Court cases of Adoption of Joshua S. (2008) 42 Cal.4th 945 [ 70 Cal.Rptr.3d 372 , 174 P.3d 192 ] (Joshua S.) and Conservatorship of Whitley (2010) 50 Cal.4th 1206 [ 117 Cal.Rptr.3d 342 , 241 P.3d 840 ] (Whitley), we affirm the trial court’s order insofar as it denies recovery of attorney fees incurred by the Committee in defending against respondent’s claims concerning her removal from office and right to reinstatement. We reverse the order insofar as it denies recovery of attorney…

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