Callahan v. Academic Senate of Long Beach College
Filed 7/3/06 Callahan v. Academic Senate of Long Beach College CA2/8
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION EIGHT
| MARY CALLAHAN, Plaintiff and Appellant, v. ACADEMIC SENATE OF LONG BEACH CITY COLLEGE, Defendant and Respondent. | B183886 (Los Angeles County Super. Ct. No. BC 306255) |
APPEAL from a judgment of the Superior Court of Los Angeles County, Conrad R. Aragon, Judge. Affirmed.
Harper & Burns, Alan R. Burns, and Colin R. Burns for Plaintiff and Appellant.
No appearance for Defendants and Respondents.
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Appellant Dr. Mary Callahan, vice president of Academic Affairs of Long Beach City College, filed an action for declaratory and injunctive relief against Dr. Janice Tomson, president of the Academic Senate of the college, and the Academic Senate of the college. The action was predicated on a series of meetings of the Academic Senate that culminated in a vote of no confidence in Dr. Callahan. The cause of action for declaratory relief sought a declaration that the defendants had violated the Ralph M. Brown Act (Brown Act), set forth in Government Code section 54950 et seq.;[1] the second cause of action sought an injunction enjoining further violations of the Brown Act. The trial court granted summary adjudication as to the first cause of action on the ground that the defendants had cured the violations of the Brown Act. As to the second cause of action, the trial court granted a permanent injunction, which we discuss in detail below. The trial court also awarded Dr. Callahan attorney fees in the amount of $34,383.60. Dr. Tomson was dismissed as a defendant during the trial of the cause of action for injunctive relief.
Dr. Callahan contends on appeal that the cause of action for declaratory relief should not have been dismissed, and that the award of attorney fees is inadequate. We agree with the rulings of the trial court and affirm the judgment for that reason.
On January 5, 2006, we granted the motion of attorneys Wendy Gabriella and Carol A. Sobel to withdraw as counsel for the Academic Senate. Our order advised the Academic Senate that it could participate in this appeal only through an attorney; we also advised the Academic Senate of the consequences of not appearing and participating in the disposition of this appeal. The Academic Senate has not appeared, and we decide the appeal based on Dr. Callahan's briefs and the record.
FACTS
On May 9, 2003, the Academic Senate voted to establish a â€
