Can a successful party in a personal injury action obtain attorney fees under California Code of Civil Procedure 1021.5?

California, United States of America


The following excerpt is from Burgess v. Fair Political Practices Comm'n, E068433 (Cal. App. 2018):

Code of Civil Procedure section 1021.5 permits the court to award attorney fees to a successful party when the action enforces "an important right affecting the public interest" and "(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, and (c) such fees should not in the interest of justice be paid out of the recovery, if any." (Code Civ. Proc., 1021.5.) We review the court's decision on whether to award fees under Code of Civil Procedure section 1021.5 for abuse of discretion. (Graham v. DaimlerChrysler Corp. (2004) 34 Cal.4th 553, 578.)

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