What is the test for awarding attorney fees to a party who has recovered or preserved a monetary fund for the benefit of others?

California, United States of America


The following excerpt is from Wheeler v. King Dig. Entm't PLC, A158660 (Cal. App. 2020):

"California has long recognized, as an exception to the general American rule that parties bear the costs of their own attorneys, the propriety of awarding an attorney fee to a party who has recovered or preserved a monetary fund for the benefit of himself or herself and others. In awarding a fee from the fund or from the other benefited parties, the trial court acts within its equitable power to prevent the other parties' unjust enrichment.' " (Laffitte v. Robert Half Internat. Inc. (2016) 1 Cal.5th 480, 488-489 (Laffitte).)

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