Is a plaintiff entitled to attorney fees under the private attorney general statute?

California, United States of America


The following excerpt is from Arden Carmichael v. County of Sacramento, 79 Cal.App.4th 1070, 94 Cal.Rptr.2d 673 (Cal. App. 2000):

The plaintiffs assert we should award them attorney fees under the private attorney general statute. (See Code Civ. Proc., 1021.5.) This issue was not raised in the trial court, most likely because the plaintiffs did not prevail there. Whether a party is entitled to an award of attorney fees under the private attorney general statute is an issue best decided in the first instance in the trial court. (Draeger v. Reed (1999) 69 Cal.App.4th 1511, 1525.) Accordingly, we express no opinion on the subject. The plaintiffs may raise the issue in the trial court on remand.

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