What is a party entitled to attorney fees pursuant to section 1021.5?

California, United States of America

The following excerpt is from Ocean View Sch. Dist. v. City of Huntington Beach, G049545 (Cal. App. 2015):

To sum up, a party is entitled to attorney fees pursuant to section 1021.5 when it has demonstrated the litigation: "(1) served to vindicate an important public right; (2) conferred a significant benefit on the general public or a large class of persons; and (3) imposed a financial burden on plaintiffs which was out of proportion to their individual stake in the matter. [Citations.]" (Baggett v. Gates (1982) 32 Cal.3d 128, 142, fn. omitted.)

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