Plata

INTRODUCTION

Appellants Raymond and Michelle Plata ask us to reverse an order in the trial court denying them attorney fees from the City of San Jose (the City) under the private attorney general statute, Code of Civil Procedure section 1021.5. This appeal is being heard in conjunction with separate cross-appeals they and the City have filed as to the underlying decision on the merits.1 The Platas wish to recover their fees not because they were successful at the time of judgment, but because they caused the City to institute changes to its Municipal Code and to its practices short of judgment. We find nothing in the record to overcome the trial court’s skepticism that the Platas were the driving force in any such changes, and we therefore affirm the denial of attorney fees.

FACTS

Background Facts In 2003, the City enacted San Jose Municipal Code section 4.80.630 (section 4.80.630), which placed parameters around the use of monies in the City’s water utility operating fund. The aim of section 4.80.630 was to both reduce customer rates and limit the amount of annual transfers which could be made from the City’s wholly-owned water utility, the San Jose Municipal Water System…