Gray v. Super. Ct.
Annotate this CaseThis case arose when petitioner challenged his conviction for failing to stop at a red light by arguing that the city failed to comply with the Vehicle Code. Petitioner subsequently filed a motion seeking attorney's fees which the trial court denied. The Appellate Division dismissed petitioner's appeal. Petitioner now seeks review of the dismissal and denial of his alternative request to treat his defective appeal as a petition for writ of mandate. The court denied the petition and agreed with the Appellate Division's determination that the order of the trial court denying petitioner's request for attorney's fees under Code of Civil Procedure section 1021.5 (the private attorney general statute) is not appealable under Penal Code section 1466, subdivision (b)(2), because the order does not affect petitioner's substantial rights. The court also concluded that petitioner fails to establish that any exceptional circumstances required the Appellate Division to treat his appeal as a petition for extraordinary relief.
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