What is the standard of review for an attorney fee award under section 1021.5?

California, United States of America


The following excerpt is from Barry v. L. A. Cnty. Sheriff's Dep't, B275359 (Cal. App. 2017):

"We review an attorney fee award under section 1021.5 generally for abuse of discretion. Whether the statutory requirements have been satisfied so as to justify a fee award is a question committed to the discretion of the trial court, unless the question turns on statutory construction, which we review de novo. [Citations.] [] 'An abuse of discretion occurs if, in light of the applicable law and considering all of the relevant circumstances, the court's decision exceeds the bounds of reason and results in a miscarriage of justice. [Citations.] This standard of review affords considerable deference to the trial court provided that the court acted in accordance with the governing rules of law. We presume that the court properly applied the law and acted within its discretion unless the appellant affirmatively shows otherwise. [Citations.]' [Citation.]" (Collins v. City of Los Angeles (2012) 205 Cal.App.4th 140, 152-153.)

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