Is a plaintiff entitled to an award of attorney fees?

California, United States of America


The following excerpt is from Cullen v. Cnty. of Riverside, E070636 (Cal. App. 2019):

"The award of attorney fees is proper under [Code of Civil Procedure] section 1021.5 if '(1) plaintiffs' action "has resulted in the enforcement of an important right affecting the public interest," (2) "a significant benefit, whether pecuniary or nonpecuniary, has been conferred on the general public or a large class of persons" and (3) "the necessity and financial burden of private enforcement are such as to make the award appropriate." ' " (Press v. Lucky Stores, Inc. (1983) 34 Cal.3d 311, 317-318, fn. omitted.)

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