Glenn Cty. Veterans Council v. County of Glenn
This is a skirmish over attorney fees after the parties settled the underlying case. Plaintiffs Glenn County Veterans Council (Veterans Council), Veterans of Foreign Wars Willows Post 1770 (VFW), American Legion Alfred J. Foster Post 34, and Bendall Allen, an officer of both the Veterans Council and VFW, filed a petition for writ of mandate alleging that defendants Glenn County and the Glenn County Board of Supervisors were unlawfully denying them priority on space and charging them for use of the Memorial Hall in Willows.[1] The petition further alleged that defendants had a clear, present, and legal duty to provide funds, maintenance, space, custodians, employees, attendants, and supplies under Military and Veterans Code section 1262 and Gridley CampNo. 104, Etc. v. Board of Supervisors (1929) 98 Cal.App. 585 (Gridley).[2] Defendants answered, countering that the Memorial Hall was a joint use building and denying that they were unlawfully limiting plaintiffs use of the facility. They also argued that defendants had dedicated newly renovated space for the exclusive use of veterans four months before plaintiffs filed their petition. The parties reached a settlement under which plaintiffs obtained much of what they sought in the writ petition.
Plaintiffs argue that the court abused its discretion by failing to consider the lodestar in calculating the attorney fee award. Defendants contend that plaintiffs were not entitled to any attorney fees because they did not meet the requirements of Section 1021.5. Alternatively, defendants accept the $20,000 as a compromise resolution that should be affirmed to avoid continued unnecessary litigation. Court affirm the order.
Comments on Glenn Cty. Veterans Council v. County of Glenn