What is the law on attorney fees under the California Public Records Act?

As it pertains to attorney fees, "California follows what is commonly referred to as the American rule, which provides that each party to a lawsuit must ordinarily pay his own attorney fees." ( Trope v. Katz (1995) 11 Cal.4th 274, 278, 45 Cal.Rptr.2d 241, 902 P.2d 259.) However, attorney fees are recoverable as costs by a prevailing party when authorized by contract, statute, or law. ( Code Civ. Proc., 1033.5, subd. (a)(10).) The Act contains one such fee-shifting statute. It provides: "The court shall award court costs and reasonable attorney fees to the plaintiff should the plaintiff prevail in litigation filed pursuant to this section. The costs and fees shall be paid by the public agency of which the public official is a member or employee and shall not become a personal liability of the public official. If the court finds that the plaintiffs case is clearly frivolous, it shall award court costs and reasonable attorney fees to the public agency." ( 6259, subd. (d).) As explained, litigation pursuant to the Act seeks "a judicial determination of a public agencys obligation to disclose records in the event the agency denied a request by a member of the public." ( Filarsky , supra , 28 Cal.4th at p. 426, 121 Cal.Rptr.2d 844, 49 P.3d 194 ; 6259.)