Willard v. KelleyAnnotate this Case
Eric Woolery appealed a trial court order denying his motion seeking an award of attorney fees. Woolery filed his motion after he successfully defended against the verified petition for a peremptory writ of mandate that his political opponent, John Wayne Willard, had filed against Neal Kelley, in his official capacity as Registrar of Voters for Orange County. In his petition, Willard challenged the portion of Woolery's candidate designation under Elections Code section 13107, stating his occupation was “Orange Treasurer/CPA.” The trial court denied the petition on the ground that Woolery established that his stated occupation satisfied the statute's requirements. The Court of Appeal affirmed: the trial court did not err by denying the motion for attorney fees because Woolery's successful defense in this matter neither resulted in the enforcement of an important right affecting the public interest, nor conferred a significant benefit on the general public or a large class of persons, within the meaning of section 1021.5.