California, United States of America
The following excerpt is from Roy Allan Slurry Seal, Inc. v. Am. Asphalt S., Inc., B291036 (Cal. App. 2019):
" '[E]ligibility for section 1021.5 attorney fees is established when "(1) plaintiffs' action 'has resulted in 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.' " ' [Citations.] ' "[Utilizing] its traditional equitable discretion," [the trial] court "must realistically assess the litigation and determine, from a practical perspective" [citation] whether or not the statutory criteria have been met.' " (Summit Media, LLC v. City of Los Angeles (2015) 240 Cal.App.4th 171, 187, fn. omitted (Summit Media).)
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