Wallace

BACKGROUND

In January 2020, appellants sued respondents for conduct relating to a recent Union board election. Appellants asserted two causes of action: (1) a petition for writ of mandate (Code Civ. Proc., § 1085) alleging respondents breached their fiduciary duties and Union bylaws in connection with the

1 election, and seeking a writ setting aside the election and directing a new election; and (2) a declaratory relief claim seeking a declaration that respondents breached their fiduciary duties and Union bylaws. Appellants filed a brief in support of the petition, arguing respondents breached fiduciary duties and bylaws. Respondents filed an opposition to the “petition . . . and verified complaint for declaratory relief.” (Capitalization altered.) On February 13, the trial court issued an order granting writ relief, directing the election be vacated and a new election held with certain terms.1 In July, respondents filed a return stating a new election was held in April in compliance with the court’s order. On September 17, appellants filed a motion for attorney fees as the prevailing party under Code of Civil Procedure section 1021.5. The motion argued appellants “achieved…