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.
Filed January 15, 2010
Opinion by Judge Sepulveda
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