California Court of Appeal

Burke v. Ipsen, B218286

In a union member's petition for a writ of mandate, seeking to compel the union to conduct an election of officers and directors and to set aside the union's recently amended bylaws, trial court's grant of the petition and award of attorney fees to plaintiff are affirmed where: 1) plaintiff did not have to exhaust administrative remedies because the court was the proper tribunal to enforce the Corporations Code and the union's original bylaws in a dispute involving internal union affairs; and 2) the trial court did not abuse its discretion in awarding attorney fees under a private attorney general theory.

Appellate Information

• Decided 10/29/2010
• Published 10/29/2010

Judges

• MALLANO

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Matthew G. Monforton, Christopher W. Katzenbach