Rey v. Madera Unified School District

203 Cal. App. 4th 1223, 138 Cal. Rptr. 3d 192, 2012 WL 615668, 2012 Cal. App. LEXIS 228
CourtCalifornia Court of Appeal
DecidedFebruary 28, 2012
DocketNo. F061532
StatusPublished
Cited by32 cases

This text of 203 Cal. App. 4th 1223 (Rey v. Madera Unified School District) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rey v. Madera Unified School District, 203 Cal. App. 4th 1223, 138 Cal. Rptr. 3d 192, 2012 WL 615668, 2012 Cal. App. LEXIS 228 (Cal. Ct. App. 2012).

Opinion

Opinion

LEVY, Acting P. J.

In August 2008, appellants, Maria Esther Rey, Jesse Lopez, and Carlos Uranga, filed a complaint for violation of the California Voting Rights Act of 2001 (CVRA; Elec. Code, § 14025 et seq.) against respondents, Madera Unified School District, Madera Unified Governing Board of Trastees (collectively District), Madera County Board of Education in its capacity as the county committee on school district organization (County Committee), and Rebecca Martinez in her official capacity as the Madera County Clerk-Recorder (County Clerk). Appellants alleged that the [1228]*1228District’s “at-large” method of electing members of the District’s governing board caused dilution of the Latino vote.

Appellants also applied for a preliminary injunction to enjoin the District’s November 4, 2008, election. Respondents did not oppose appellants’ preliminary injunction application. Moreover, the District immediately initiated the process for changing its method of election.

On October 14, 2008, the trial court issued a preliminary injunction enjoining the County Clerk from certifying the results of the November 4, 2008, election. The trial court found that appellants were the prevailing parties and therefore were entitled to attorney fees and costs under the CYRA. At issue was the amount of the fee award.

The County Committee took the position that it had not violated any duties under the CYRA and therefore was not liable for appellants’ attorney fees and costs. The trial court agreed and granted the County Committee’s motion for summary judgment.

Although appellants requested approximately $1.7 million in attorney fees, the trial court awarded them $162,500 in fees to be paid by the District. In making this award, the trial court excluded the fees incurred in litigating against the County Committee.

On appeal, appellants challenge the summary judgment and the amount of the fees awarded. According to appellants, the County Committee should be liable under the CYRA because it had the power to initiate a change in the method of voting within the District. Appellants further argue that the trial court abused its discretion in awarding less than 10 percent of the requested fees.

As discussed below, the trial court did not err in granting summary judgment and did not abuse its discretion in reducing the fee award. Therefore, the judgment will be affirmed.

BACKGROUND

At-large voting refers to the system where voters of an entire jurisdiction elect candidates to each open seat, not just the seats in a particular district. It has long been recognized that such at-large voting schemes may minimize or cancel out the voting strength of a protected class, i.e., a class of voters who are members of a race, color or language minority group. (Thornburg v. Gingles (1986) 478 U.S. 30, 47 [92 L.Ed.2d 25, 106 S.Ct. 2752]; Sanchez v. City of Modesto (2006) 145 Cal.App.4th 660, 669 [51 Cal.Rptr.3d 821] [1229]*1229)(Sanchez).) To protect against a voting system that impairs the minority voters’ opportunity to participate in the political process, both federal and California law create liability for vote dilution. (Sanchez, supra, 145 Cal.App.4th at p. 667.)

When at-large voting dilutes the vote of a protected class in California, the CYRA provides a private right of action. (Sanchez, supra, 145 Cal.App.4th at p. 667.) To prove a CYRA violation, the plaintiffs must show that the voting was racially polarized. However, they do not need to either show that members of a protected class live in a geographically compact area or demonstrate a discriminatory intent on the part of voters or officials. (145 Cal.App.4th at p. 667.)

The District, one of nine school districts in Madera County, was established in 1964. At that time, the County Committee’s predecessor, an independent county committee on school district organization, submitted a proposal for formation of the District to the State Board of Education for review. This proposal included a provision that “the governing board members of that unified district would consist of seven members elected at-large.” The State Board of Education approved the proposal. Thereafter, the voters approved the formation of the District.

In March 2008, appellants’ counsel, Lawyers’ Committee for Civil Rights (LCCR), sent a letter to the District’s superintendent advising the District that its “at-large system may dilute the ability of Latino residents ... to elect candidates of their choice to the school board” in violation of the CYRA. Appellants’ counsel urged the District to voluntarily change its election system from at large to district based. The District responded that LCCR’s letter did not explain how the District’s at-large election process dilutes the Latino vote or otherwise violates the CYRA. LCCR then sent a followup letter to the District dated June 11, 2008, stating that they believed that the District was in violation of the CYRA due to racially polarized voting and requested the District to respond regarding a voluntary change to the current at-large system no later than June 30, 2008. The District did not respond.

On August 21, 2008, appellants filed the underlying complaint alleging that the at-large voting method violated the CYRA. Appellants also sought a preliminary injunction to block the November 4, 2008, election and requested an order requiring respondents to pay appellants’ attorney fees and costs as mandated by the CYRA.

The District and the County Committee each filed a “nonopposition” to appellants’ motion for a preliminary injunction. The District explained that, although it was too late to modify the November 4, 2008, election, the [1230]*1230District was “even now taking steps (of its own volition) to transition from an at-large election process to a trustee area election process” and thus, further litigation and judicial intervention were unnecessary. The County Committee explained that it had no involvement in the election and thus did not have a direct interest in whether the election proceeded as scheduled. The County Clerk responded that she had no control over whether the election was conducted by district or at large and that it was already too late for her to stop the District election without putting the entire election in peril.

On October 14, 2008, the trial court granted appellants’ application and preliminarily enjoined the County Clerk from certifying the results of the scheduled November 4, 2008, election. The court noted that none of the respondents had opposed appellants’ application.

In early December 2008, the parties stipulated to a stay of the matter pending further order of the court, except that appellants could move for attorney fees and the County Committee could renotice its demurrer to the complaint. This stipulation noted that on November 5, 2008, the District’s board approved a specific plan for converting to trustee-area elections. Further, on November 12, 2008, the County Committee, acting pursuant to Education Code section 5019, approved the District’s proposal to establish trustee areas and to convert the system of electing board trustees to a trustee-area electoral system. The trial court accepted and approved the stipulation and it became the order of the court on December 9, 2008.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Raptors Are the Solution v. Croplife America
California Court of Appeal, 2026
Van Cott v. Equity Residential
N.D. California, 2026
Anoke v. Twitter
California Court of Appeal, 2024
Jahanshahi v. Rosenfeld CA2/3
California Court of Appeal, 2024
Anoke v. Twitter CA1/5
California Court of Appeal, 2024
Pfeiffer v. Smart CA3
California Court of Appeal, 2024
Zhu v. Li
N.D. California, 2023
Riley v. Quantumscape Corp.
N.D. California, 2023
Melbostad v. Kasolas CA1/3
California Court of Appeal, 2023
Kaminsky v. City of Los Angeles CA2/5
California Court of Appeal, 2022
Elizondo v. Dept. of Transportation CA3
California Court of Appeal, 2022
AWI Builders v. Alliant Consulting CA2/4
California Court of Appeal, 2021
Marshall v. Webster
California Court of Appeal, 2020
Pico Neighborhood Assn. v. City of Santa Monica
California Court of Appeal, 2020

Cite This Page — Counsel Stack

Bluebook (online)
203 Cal. App. 4th 1223, 138 Cal. Rptr. 3d 192, 2012 WL 615668, 2012 Cal. App. LEXIS 228, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rey-v-madera-unified-school-district-calctapp-2012.