Does a plaintiff have a right to seek attorneys' fees in a class action?

California, United States of America

The following excerpt is from Bozung v. Local Agency Formation Com'n of Ventura County, 112 Cal.Rptr. 668, 37 Cal.App.3d 842 (Cal. App. 1974):

7 Plaintiffs ask for attorneys' fees apparently on the theory that the public interest has been vindicated by their actions. Such an award has been allowed in class actions. (E. g., Fletcher v. A. J. Industries, Inc., 266 Cal.App.2d 313, 320, 72 Cal.Rptr. 146, and cases collected.) However, if there is a right to attorneys' fees on a 'public interest' theory--a matter we do not decide--it would seem that the public interest is vindicated and attorneys' fees justified regardless of the number of named and unnamed plaintiffs.

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