Is a section 1021.5 award for attorney fees barred from being awarded on a preliminary issue?

California, United States of America


The following excerpt is from Cotton v. Starcare Med. Grp., Inc., G045538 (Cal. App. 2012):

right affecting the public interest" and a consequent conferral of a "significant benefit on the general public or a large class of persons" a section 1021.5 award is not barred because the case was won on a preliminary issue [citation] or because it was settled before trial. [Citation.]' [Citation.] . . . The trial court must, in its discretion, 'realistically assess the litigation and determine, from a practical perspective, whether or not the action served to vindicate an important right so as to justify an attorney fee award.' [Citation.]" (County of Colusa v. California Wildlife Conservation Bd., supra, 145 Cal.App.4th at p. 649.)

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