What are attorney fees recoverable under section 1021.5 of the California Public Interest Act?

California, United States of America


The following excerpt is from Scilacci v. Placer County Board of Supervisors, C052700 (Cal. App. 5/31/2007), C052700 (Cal. App. 2007):

"Attorney fees are recoverable under section 1021.5 (1) by a successful party, (2) in an action that has resulted in the enforcement of an important right affecting the public interest, (3) if a significant benefit has been conferred on the general public or a large class of persons, and (4) the necessity and financial burden of private enforcement are such as to make the award appropriate. The statute's purpose is to encourage public interest litigation that might otherwise be too costly to pursue. [Citation.]" (Bowman v. City of Berkeley (2005) 131 Cal.App.4th 173, 176.)

Other Questions


Does section 667 of the California Criminal Code prohibit the District Attorney from invoking section 654 of the Criminal Code to strike a prior conviction enhancement under Section 667? (California, United States of America)
Does section 1717 of the California Civil Code guarantee mutuality of remedy for attorney fees under contractual attorney fee provisions? (California, United States of America)
Does the Attorney General's sentencing error under section 667.5, subdivision (a) of the California Criminal Code apply to recidivism enhancements under sections 667 and 667 of the Criminal Code? (California, United States of America)
Does section 1192.7(c)(7) of the California Three Strikes Act, or does the Attorney General's interpretation of section 667.5(c))(7(b)(7)? (California, United States of America)
Are attorney's fees recoverable under section 1021.35 of the California Civil Code? (California, United States of America)
Is adverse possession of a public interest prohibited under the California Public Prosecutions Act? (California, United States of America)
In what circumstances have courts found that section 647, subdivision (a) of the California Penal Code prohibits the solicitation of lewd or dissolute conduct in any public place or in any place open to public view? (California, United States of America)
Is liability under section 13385 of the California Civil Code for polluting the environment limited to a public entity's liability under Section 13350, subdivision (a) of the Government Code? (California, United States of America)
Is there a conflict of interest between a public attorney and a private attorney? (California, United States of America)
Is section 28, subdivision (d) of the California Constitution harmonized with section I, article I, section 15 of the constitution with respect to self-incrimination? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.