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FOGELSON v. MUNICIPAL COURT

Docket No. 57838.

120 Cal.App.3d 858 (1981)

175 Cal. Rptr. 64

HENRY M. FOGELSON, Plaintiff and Appellant, v. THE MUNICIPAL COURT FOR THE LOS ANGELES JUDICIAL DISTRICT OF LOS ANGELES COUNTY, Defendant and Respondent; THE PEOPLE, Real Party in Interest and Respondent.

Court of Appeals of California, Second District, Division Five.

June 24, 1981.

Attorney(s) appearing for the Case

COUNSEL

Barry A. Fisher, David Grosz and Stanley Fleishman for Plaintiff and Appellant.

No appearance for Defendant and Respondent.

Burt Pines, City Attorney, and Jerome Montgomery, Assistant City Attorney, for Real Party in Interest and Respondent.

OPINION

KAUS, P.J.

Petitioner and appellant Fogelson seeks a determination that section 1021.5 of the Code of Civil Procedure1 may, in a proper case, be used to pay the attorney's fees incurred by a defendant in a criminal action.2 The People, as the real party in interest, contend that petitioner chose the wrong remedy to test...

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