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McGUIGAN v. CITY OF SAN DIEGO

No. D055199.

183 Cal.App.4th 610 (2010)

WILLIAM J. McGUIGAN, Plaintiff and Appellant, v. CITY OF SAN DIEGO, Defendant and Respondent.

Court of Appeals of California, Fourth District, Division One.

As modified April 27, 2010.

Attorney(s) appearing for the Case

Richard H. Benes and Michael A. Conger for Plaintiff and Appellant.

Jan I. Goldsmith, City Attorney, and Walter C. Chung, Deputy City Attorney, for Defendant and Respondent.

OPINION

HUFFMAN, J.—

Code of Civil Procedure section 1021.5, the private attorney general fees statute, is construed to permit a trial court, in its discretion, to award such fees to a successful party in any appropriate action against "only an opposing party." (Connerly v. State Personnel Bd. (2006) 37 Cal.4th 1169, 1176-1181 [39 Cal.Rptr.3d 788

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