Conservatorship of Whitley 7/23/09 CA1/4

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: A122896

Case Date: 10/22/2009

Preview:Filed 7/23/09 Conservatorship of Whitley CA1/4

NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR

Conservatorship of the Person and Estate of ROY WHITLEY. NORTH BAY REGIONAL CENTER, Petitioner and Respondent, v. VIRGINIA MALDONADO, Objector and Appellant. (Sonoma County Super. Ct. No. SPR-061684) A122896

I. INTRODUCTION Appellant Virginia Maldonado (Maldonado) appeals from the trial courts denial of her motion for an award of attorney fees under Code of Civil Procedure section 1021.5 (section 1021.5).1 Maldonados motion for attorney fees followed this courts published decision in Conservatorship of Whitley (2007) 155 Cal.App.4th 1447 (Whitley), in which Maldonado was the prevailing party. As we will explain, the trial court did not abuse its

1

Section 1021.5 codifies the private attorney general fee doctrine. "Entitlement to fees under section 1021.5 requires a showing that the litigation: ,,(1) served to vindicate an important public right; (2) conferred a significant benefit on the general public or a large class of persons; and (3) imposed a financial burden on plaintiffs which was out of proportion to their individual stake in the matter. [Citation.]" (California Licensed Foresters Assn. v. State Bd. of Forestry (1994) 30 Cal.App.4th 562, 569 (California Licensed Foresters Assn.).) 1

discretion in finding that Maldonado failed to satisfy one of the three criteria necessary for the entitlement to attorney fees pursuant to section 1021.5

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