What is the test for a successful party to claim attorney fees?

California, United States of America


The following excerpt is from County of San Diego v. Lamb, 63 Cal.App.4th 845, 73 Cal.Rptr.2d 912 (Cal. App. 1998):

Code of Civil Procedure section 1021.5, which is a codification of the "private attorney general doctrine," authorizes a court to award attorney fees to a "successful party" when: " '(1) the action has resulted in the enforcement of an important right affecting the public interest, (2) a significant benefit, whether pecuniary or nonpecuniary, has been conferred on the general public or a large class of persons, and (3) the necessity and financial burden of private enforcement make the award appropriate.' " (Family Planning Specialists Medical Group, Inc. v. Powers (1995) 39 Cal.App.4th 1561, 1567, 46 Cal.Rptr.2d 667, quoting Planned Parenthood v. Aakhus (1993) 14 Cal.App.4th 162, 169-170,

Page 917

Other Questions


Can an attorney fee provision in a contract allow a plaintiff to claim attorney fees against the opposing party? (California, United States of America)
When a contract contains a provision for attorney fees, can a successful party recover attorney fees? (California, United States of America)
What is the test for a successful party to claim attorney fees in a personal injury action? (California, United States of America)
Can a court award attorney general fees to a successful party against one or more opposing parties? (California, United States of America)
Can a client pursue attorney fees in small claims court or municipal court for some attorney fees required to mitigate or cure the effects of the lawyer's malpractice? (California, United States of America)
What is the test for imposing a sanction including an order requiring an attorney for one party to pay attorney fees for an opposing party? (California, United States of America)
Is a plaintiff entitled to recover time, attorney fees and attorney fees incurred by a plaintiff in a personal injury action against a third party? (California, United States of America)
Can a successful party be considered a "prevailing party" for attorney's fees? (California, United States of America)
Is a client's attorney required to repay all moneys laid out by the attorney to the attorney before the client can make a claim against the attorney? (California, United States of America)
Are Attorney Defendants entitled to recover attorney fees for their success in striking the defamation claim? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.