Trial court judgment is reversed and remanded where the court erred in failing to award plaintiffs attorney fees under Code of Civil Procedure sec. 1021.5 as plaintiffs were the prevailing parties, their action resulted in the enforcement of an important right affecting the public interest and conferred a significant benefit on the general public or a large class of persons, filing the action was necessary for plaintiffs to obtain access to the documents, and the fees will not be paid out of an award to plaintiff.
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Appellate InformationAppeal from an order of the Superior Court of Orange County, Derek W. Hunt, Judge. Reversed and remanded.FOURTH APPELLATE DISTRICT, DIVISION THREEFiled: June 30, 2009
JudgesBefore RYLAARSDAM, ACTING P.J., O’LEARY, J., IKOLA, J.Opinion by RYLAARSDAM, ACTING P.J.
CounselFor Plaintiff: Enterprise Counsel Group, David A. Robinson, Benjamin P. Pugh and Timothy M. Kowal.For Defendant: Nossaman LLP, Robert D. Thornton, Rick E. Rayl and Bradford B. Kuhn.
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