Bernardi v. County of Monterey
Respondent Patricia Bernardi and the Open Monterey Project (collectively, Bernardi) filed a petition to enforce the California Public Records Act (CPRA) (Gov. Code, 6250 et seq.),[1] in which they sought public records from appellant County of Monterey (the County) relating to a pending subdivision proposal known as the September Ranch project. After more than a year of litigation, the trial court adopted the recommendations of the special master and ordered the County to produce some of the records that the County had previously refused to produce. Thereafter, Bernardi filed a motion for an order awarding attorney fees pursuant to section 6259, subdivision (d), the attorney fees provision of the CPRA. The trial court granted the motion and, in its order of March 29, 2007, awarded Bernardi total attorney fees of $244,287.50. On appeal, the County argues that the trial court abused its discretion in awarding an unreasonable amount of attorney fees to Bernardi. According to the County, the attorney fees award is excessive because it is not commensurate with Bernardis partial success in obtaining public records. For the reasons stated below, Court conclude that the trial court did not abuse its discretion and therefore Court affirm the order awarding attorney fees.
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