California Corr. Peace Officers Ass'n v. Virga, No. A123989

Trial court's denial of defendants' requests for attorney's fees, brought after they successfully defended against a claim of civil rights violations involving a ballot measure relating to certain political activities of labor organizations, is affirmed where: 1) defendants were not entitled to attorney's fees pursuant to Code of Civil Proc. section 1038 because this action did not qualify as a "civil proceeding under the California Tort Claims Act" for purposes of the statute; and 2) the trial court did not err in denying defendants' second motion for fees under the federal Civil Rights Attorney's Fees Awards Act of 1976. 

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Appellate Information

Filed January 15, 2010

Judges

Opinion by Judge Sepulveda

Counsel
For Appellant:   Littler Mendelson, John J. Skonberg, Richard H. Rahm, Joshua D. Kienitz; Department of Personnel Administration, State of California, K. William Curtis, Warren C. Stracener, Paul M. Starkey, Jennifer M. Garten, Ronald R. Pearson

For Appellee:   Carroll, Burdick & McDonough, Gregg McLean Adam, Laurie J. Hepler; California Correctional Peace Officers' Association, Daniel M. Lindsay