Can a court award attorney general fees to a successful party against one or more opposing parties?

California, United States of America


The following excerpt is from Lowe v. California Resources Agency, 1 Cal.App.4th 1140, 2 Cal.Rptr.2d 558 (Cal. App. 1991):

Code of Civil Procedure section 1021.5 authorizes court-awarded attorney fees under a private attorney general theory. (Johnston v. Department of Personnel Administration (1987) 191 Cal.App.3d 1218, 1227, 236 Cal.Rptr. 853.) "Upon motion, a court may award attorneys' fees to a successful party against one or more opposing parties in any action which has resulted in the enforcement of an important right affecting the public interest if: (a) a significant benefit, whether pecuniary or nonpecuniary, has been conferred on the general public or a large class of persons, (b) the necessity and financial burden of private enforcement are such as to make the award appropriate, [1 Cal.App.4th 1153] and (c) such fees should not in the interest of justice be paid out of the recovery, if any...." (Code Civ.Proc., 1021.5.)

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