Holloway v. Pellerin CA6
Appellant Bruce Holloway successfully petitioned for a peremptory writ of mandate commanding Santa Cruz County Clerk Gail Pellerin to delete from ballot materials the name of a county supervisor identified as a proponent of a school district bond measure. The trial court, however, denied Holloway’s motion for private attorney general fees from Pellerin and real party in interest George Wylie, deeming the motion untimely as to both but exercising its discretion to reach the merits as to Pellerin.
Although we conclude that the motion was timely, we agree with the trial court that Pellerin was not an “opposing party” within the meaning of Code of Civil Procedure section 1021.5. Accordingly, we affirm the order denying private attorney general fees as to Pellerin. Because the purported untimeliness of the motion was the sole basis for denying recovery of fees from the real party in interest, we reverse and remand as to Wylie only.
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