Hull v. Rossi

Opinion

STONE (S. J.), P. J. Here we hold that the trial court abused its discretion in denying attorney fees to real parties in interest for defense of a writ of mandate brought pursuant to Elections Code section 5025. We reverse the trial court’s order.

Jeffrey Young and Joanne Miller appeal from denial of their motion for attorney fees under Code of Civil Procedure section 1021.5.1 In the spring of 1991 a fierce electoral battle took place in the City of Santa Barbara (City) concerning the future of the City’s water supply. Appellants signed two ballot arguments which appeared in the official voters’ pamphlet for the June 4, 1991 special election. Their argument supported Measure “S-91,” which advocated development of a water desalination plant by the City as an alternative to importation of water from northern California through the state water project. Appellants’ argument against Measure “T-91” opposed a bond measure to fund City participation in the state water project.

Respondents Diana P. Hull and Howard B. Walsh are members of “We Want Water” (WET), which sponsored, funded and supported Measure T-91. Respondents and WET filed a petition for writ of mandate in the superior court, pursuant to Elections Code section 5025, seeking to have 18 separate statements stricken from appellants’ ballot arguments as “false and misleading.” The city clerk was named as respondent in the petition, and appellants were named as real parties in interest, pursuant to Elections Code section 5025.

Respondents’ petition for writ of mandate contained a declaration of James Stubchaer, a former local water official, chairman of the regional water quality control board (Central Coast Region), and former president of the state water contractors, an organization which advises on the administration of the state water project. Mr. Stubchaer gave his opinion why he found appellants’ ballot arguments “false and misleading.”

Appellants were served with the petition and notice of ex parte hearing scheduled for three o’clock that same afternoon. Appellants obtained three [1766]local environmental attorneys to appear and request dismissal of the petition. The court refused to dismiss the petition and ordered appellants to appear for a hearing four days later to show why the court should not delete their ballot argument statements under attack. Appellants were required to prepare and submit their written response within three days. Appellants’ attorneys prepared their answer to the petition, responsive memorandum of points and authorities, responsive declarations, and over 300 pages of exhibits supporting the ballot arguments. Respondents, over objection, filed lengthy additional evidentiary materials.