Individual Did Not Demonstrate Any Systematic Police Department Violation.
In Barry v. The Los Angeles County Sheriff’s Dept., Case No. B275359 (2d Dist., Div. 5 Oct. 10, 2017) (unpublished), plaintiff prevailed narrowly on a writ of mandate requiring a remediation of his rap sheet under certain Penal Code provisions. The trial judge refused to award him attorney’s fees under the private attorney general statute because the remediation of his rap sheet did not amount to enforcement of a public right. The appellate court affirmed, because individual petitioned for mandate as an individual and he writ of mandate only benefitted him personally rather than any other person. This was buttressed by the fact that plaintiff showed no systematic violation by the police department.