Cruz v. Superior Court (Ayromloo) (2004) 120 Cal.App.4th 881i [-- Cal.Rptr.3d --]

Cruz v. Superior Court (Ayromloo) (2004)120 Cal.App.4th 881i , -- Cal.Rptr.3d --

[No. B172309. Second Dist., Div. Seven. Jul. 28, 2004.]

ABEL CRUZ et al., Petitioners, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondents; SHAWN AYROMLOO, Real Party in Interest.

[Modification of opinion (120 Cal.App.4th 175).]

THE COURT. fn. * -

1. It is ordered that the opinion filed herein on June 30, 2004 be modified as follows:

The disposition paragraph on page 17 [120 Cal.App.4th 191, advance report] is modified in the following manner: The final sentence ("Petitioners are to recover their costs in this writ proceeding.") is deleted and replaced with the following new paragraph:

Petitioners are entitled to recover their costs in this writ proceeding, which may include reasonable attorney fees pursuant to Code of Civil Procedure section 1021.5. (See, e.g., Olney v. Municipal Court (1982) 133 Cal.App.3d 455, 463-464 [affirming fee award against municipal court]; Rhyne v. Municipal Court (1980) 113 Cal.App.3d 807, 823-827.) Because this matter is an original proceeding in this court, we are unable to follow the usual practice of remanding petitioners' request for fees to the court in which the trial was held for the purpose of determining the propriety of an award of attorney fees or fixing the amount of those fees, if any are to be awarded. (See Mack v. Younger (1980) 27 Cal.3d 687, 689; Planned Parenthood Affiliates v. Swoap (1985) 173 Cal.App.3d 1187, 1202.) Accordingly, unless the parties are able to agree within 20 days as to the appropriate amount of costs and fees, the matter may be submitted to this court on affidavits. (Planned Parenthood Affiliates, at p. 1202.)

2. This modification changes the judgment.

?FN *. Perluss, P. J., Johnson, J., and Zelon, J., concurred.

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