Does the trial court abuse its discretion in awarding attorney's fees in a religious freedom action?

California, United States of America


The following excerpt is from Best v. California Apprenticeship Council, 193 Cal.App.3d 1448, 240 Cal.Rptr. 1 (Cal. App. 1987):

Nor did the trial court abuse its discretion in finding the financial burden of private enforcement makes the award appropriate. Best did not have a personal interest in the outcome of the case which outweighed the cost of litigation. (Beach Colony II v. California Coastal Com., supra, 166 Cal.App.3d at pp. 113-115, 212 Cal.Rptr. 485.) His stake in the litigation was to allow him to refrain from working at the nuclear power plant while retaining his position in the apprenticeship program. He pursued a lengthy freedom of religion action which imposed a burden on him out of proportion to his employment interests. Without the encouragement of attorney's fees though the private attorney general

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