Mandicino v. Maggard

In Mandicino v. Maggard (1989) 210 Cal.App.3d 1413, the petitioner filed a petition for a writ of mandate against a city clerk, challenging, as "false and misleading," six ballot arguments that had been submitted by the real party in interest in opposition to a measure at issue in a municipal election. The trial court ordered modifications of four of the challenged statements, issued a corresponding writ, and awarded the petitioner attorney fees under section 1021.5. (Mandicino v. Maggard, supra, at p. 1415.) The real party in interest appealed from the order awarding attorney fees, arguing, "a significant benefit was not conferred upon the general public as a result of the issuance of the peremptory writ." (Id. at p. 1416.) The appellate court reversed the order awarding attorney fees, stating: "In realistically assessing the circumstances of the instant litigation, we have concluded that the relief granted during the proceedings below constituted de minimis changes to statements of opinion, failing to result in a significant benefit to the public." (Id. at p. 1417.) The court noted that the modifications to the ballot arguments included deleting the words "'any'" and "'right away,'" changing the word "'will'" to "'may,'" and modifying the statement "'This measure will not protect anyone'" to "'This measure will not protect anyone in the long run.'" (Id. at pp. 1417-1419.) The court held: "In sum, de minimis modifications to opinion statements in the ballot argument failed to confer a significant benefit upon San Pablo voters. The modifications ordered by the court were minor editorial changes to the language of the appellant's argument. The meaning of the argument or its implications were not substantially altered. The changes were a far cry from the deletions sought by the petitioner."