CALIFORNIA FAMILY LAW
...Attorney Fees
......Actions-Types of
.........Public Interest Issue/Pvt. Atty. General
 13 Cards On This Topic:
  • Fees may be awarded for litigation in public interest/"Private Attorney General."
  • Litigant's personal nonpecuniary motives may not be used to disqualify him/her from obtaining fees under CCP 1021.5.
  • CCP 1021.5 not intended to impose fees on one seeking judgment that determines only his/her private rights, but who did nothing to adversely affect public interest other than being on losing side of important appellate case.
  • Trial court erred in not awarding attorneys fees to newspaper under CCP §1021.5 where individual police officers and police officers association argued to compromise the rights of the public to disclosure of report on police shooting.
  • Award of attorneys fees proper under CCP §1021.5 even where plaintiff had a pecuniary interest in the outcome of the litigation.
  • Attorney fees properly awarded under CCP §1021.5 where action to enforce CA Coastal Act benefited public as a whole, decision will have precedential value, and authorities had not commenced an enforcement action.
  • Trial ct. must reconsider amount of attorney's fees awarded to plaintiffs under CCP §1021.5 if plaintiff's monetary award is reduced on remand, and where some of plaintiff's claims were unsuccessful.
  • An attorney's fees award under CCP §1021.5 cannot be imposed on a litigant who did nothing to adversely affect the public interest.
  • Denial of attorney fees under private attorney general doctrine reversed; remand required to determine whether "financial burden of private enforcement" justifies an award under CCP 1021.5 using Whitley's cost-benefit analysis.
  • Democratic Central Committee has right to reasonable atty fees under the "private attorney general statute" incurred defending against claims concerning composition of its membership.
  • Order denying fees in grandparent visitation case under private attorney general statute proper where mother pursued Punsly I primarily for her personal nonmonetary benefit and case did not otherwise meet statutory criteria.
  • Mother sued by county to collect AFDC paid for her minor daughter's son is entitled to "private attorney general" attorney's fees as successful party.
  • Successful action to quash child support arrearages did not warrant fees as public interest issue.


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