MORAGA-ORINDA FIRE PROTECTION DIST. v. WEIR

No. A101235.

10 Cal.Rptr.3d 13 (2004)

115 Cal.App.4th 477

MORAGA-ORINDA FIRE PROTECTION DISTRICT et al., Plaintiffs and Respondents, v. Steven WEIR, as Recorder, etc., et al., Defendants and Respondents; Moraga Del Rey Homeowners Association et al., Real Parties in Interest and Appellants.

Court of Appeals of California, First District, Division Three.

January 29, 2004.

Review Denied May 12, 2004.


Attorney(s) appearing for the Case

James H. Fleming, Walnut Creek, Kevin W. Wheelwright, Pleasanton; Fleming & Phillips, for Appellant.

William D. Ross, Los Angeles, Lisabeth D. Rothman, Diane C. DeFelice, Los Angeles, for Respondent.

John A. Ramirez, Costa Mesa, Michael R.W. Houston; Rutan & Tucker, for Amicus Curiae, California League of Cities.

No appearance for Defendants and Respondents.


PARRILLI, J.

This case arises from the trial court's denial of a motion to recover attorney fees and costs under Code of Civil Procedure section 425.16.1 We reverse.

Appellants are unincorporated associations of Orinda homeowners. They submitted a rebuttal argument for a voter information pamphlet regarding a proposed tax increase to fund improvements in the water flow to fire hydrants in Orinda. Respondent Moraga-Orinda Fire Protection...

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