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Olney v. Municipal Court for El Cajon Judicial District of San Diego County7/2/1982
oodland Hills Residents Assn., Inc. v. City Council, supra, 23 Cal. 3d 917, 935; Rhyne v. Municipal Court, supra, 113 Cal. App. 3d 807, 824.) More precisely, the public right must be important and cannot involve "trivial or peripheral public policies." (Marini v. Municipal Court, supra, 99 Cal. App. 3d 829, 836.) The significance of the benefit conferred must be determined from a realistic assessment of all the pertinent circumstances. (Ibid.) Regarding the necessity and financial burden of private enforcement " award . . . is appropriate when the cost of the claimant's legal victory transcends his personal interest, that is, when the necessity for pursuing the lawsuit placed a
burden on the plaintiff 'out of proportion to his individual stake in the matter.'" (County of Inyo v. City of Los Angeles (1978) 78 Cal. App. 3d 82, 89 [144 Cal. Rptr. 71]; Marini v. Municipal Court, supra, 99 Cal. App. 3d 829, 836.) Finally, the decision to award such attorney fees rests within the sound discretion of the trial court and shall not be set aside absent a clear abuse of that discretion. (Marini v. Municipal Court, supra, 99 Cal. App. 3d 829, 836-837.)
The municipal court has failed to meet its burden of establishing the superior court abused its discretion in awarding Olney attorney fees. The statutory right involved is important. Individually, the value to Olney of not being required to appear at sentencing is significant only in light of the benefit received by the large class he represents. Unlike Marini, the result of this action was not wholly coincidental to the attainment of his personal goals. He stood convicted and, consequently, the result of the litigation would neither alter that reality nor his sentence. His personal goal was simply incidental to the broader violation of the statutory right in dispute held by all within his class. Moreover, he had no personal financial interest in the outcome to offset the litigation expenses incurred. Had he not undertaken this litigation, the common interest of the class he represents in enforcing the statutory right in controversy may never have been vindicated.
The judgment is affirmed.
Disposition
The judgment is affirmed.
Disposition FOOTNOTES
9 Plaintiff's counsel is also entitled to an award of reasonable attorney's fees for this appeal. (See Rhyne v. Municipal Court, supra, 113 Cal. App. 3d 807, 826-827.) The amount of those fees shall be determined by the trial court after hearing following the filing of the remittitur.
Judges Footnotes
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