to resolve his grievance via the Commission (Fish & [Game]

Code, § 1583) . . . ."

       In reply, Carian argued that he made a reasonable attempt to settle the dispute

prior to filing his lawsuit, citing his October 2011 meeting with Nicol regarding

reopening the Trail and his February 2012 notice to the Attorney General of his intent to

seek to reopen the Trail. In support of his reply, Carian submitted his own declaration in

which he stated he met with Nicol on October 11, 2011, and requested the top portion of

the Trail be reopened to the public. He further stated that after Nicol initially agreed to

conditionally reopen the Trail, she purportedly withdrew those conditions in an April

2012 letter. Carian also submitted Underwood's reply declaration inwhich he stated that

on or about February 12, 2012, he conveyed to a deputy attorney general Carian's

proposal to settle his separate Public Records Act lawsuit against the Department. That

proposal included terms to reopen the Trail. Underwood stated that when Carian's

proposal was rejected by the deputy attorney general, Underwood told him the issue

would be dealt with in a separate suit.

       On May 28, 2013, the trial court issued an order denying Carian's motion for

attorney fees under section 1021.5. The court found Carian "did not make a reasonable

settlement effort before bringing this lawsuit" and referred to its reasons set forth in its

attached April 16 ruling, which stated in part:

           "More persuasive is [Defendants'] argument