What is the test for awarding fees to a legal services office for civil rights enforcement litigation?

California, United States of America


The following excerpt is from Marriage of Ward, In re, 3 Cal.App.4th 618, 4 Cal.Rptr.2d 365 (Cal. App. 1992):

"of providing a means to pursue civil rights enforcement litigation, while not directly applicable in the matrimonial context, provides support for an award in this case. That is, it indirectly provides a means for litigants to actively pursue their rights in matters of custody and support, just as an award pursuant to the Civil Rights Act encourages individuals to pursue enforcement of their civil rights. The award of fees to legal services offices promotes this goal as much as an award to privately retained counsel. Moreover, it enhances the capabilities of legal services organizations, which have very limited resources to begin with, in representing indigent litigants in these endeavors." (Spoto v. McCarroll, supra, 593 A.2d at p. 379.)

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