When will a section 1021.5 attorney fee award be awarded by the California Court of Appeal Division?

California, United States of America


The following excerpt is from Mandicino v. Maggard, 210 Cal.App.3d 1413, 258 Cal.Rptr. 917 (Cal. App. 1989):

Mandicino cites this division's opinion in Washburn v. City of Berkeley (1987) 195 Cal.App.3d 578, 585, 240 Cal.Rptr. 784, as controlling authority for the proposition that changes to ballot arguments automatically confer a significant benefit to the public by eliminating false and misleading statements, thereby permitting a section 1021.5 attorney fee award. We do not interpret Washburn in this manner.

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