What is the test for awarding attorney fees under section 1021.5?

California, United States of America


The following excerpt is from Zubarau v. City of Palmdale, B236406 (Cal. App. 2013):

"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.]" (Collins v. City of Los Angeles (2012) 205 Cal.App.4th 140, 152.)

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