Special Fee Shifting Statute: Governmental District Properly Awarded $8,160 In Discretionary Attorney’s Fees Against Plaintiff Losing Brown Act Challenge

Plaintiff Wanted Agenda Detail Not Required Under The Brown Act.

            In Olson v. Hornbrook Community Services Dist., Case No. C086760 (3d Dist. July 15, 2019) (unpublished), plaintiff’s Brown Act challenge against the District was blown out when the lower court sustained a demurrer without leave to amend.  The Brown Act has a discretionary fee-shifting provision by which a trial judge can award court costs and reasonable attorney’s fees where a defendant prevailed in the action and the court finds that the action was “clearly frivolous and totally lacking in merit.”  (Gov. Code, §54960.5.)  The lower court must provide some written findings on what conduct was found “sanctionable” under this provision.  (Boyle v. City of Redondo Beach, 70 Cal.App.4^th 1109, 1120 (1999).)  The trial judge in Olson determined that the Brown Act did not require the agenda detail claimed by plaintiff, awarding $8,160 in discretionary fees to the District.  That determination was affirmed on appeal because it was based on the record and the trial court’s tentative was detailed in showing why the agenda specification advanced by plaintiff was not required.