What is the test for determining whether a plaintiff is entitled to sue for damages under Code of Civil Procedure section 1021.5?

California, United States of America


The following excerpt is from Christward Ministry v. County of San Diego, 17 Cal.App.4th 862, 21 Cal.Rptr.2d 910 (Cal. App. 1993):

In making a decision under Code of Civil Procedure section 1021.5, the trial court "must realistically assess the litigation and determine from a practical perspective whether the action: '(1) served to vindicate an important public right; (2) conferred a significant benefit on the general public or a large class of persons; and (3) imposed a financial burden on plaintiffs which was out of proportion to their individual stake in the matter. [Citations.]' [Citation.]" (Christward Ministry v. County of San Diego, supra, 13 Cal.App.4th at pp. 49-50, 16 Cal.Rptr.2d 435.) "The public always derives a 'benefit' when illegal private or public conduct is rectified, but in order to determine whether a 'significant' benefit has been conferred, the court must determine both the significance of the benefit and the size of the class receiving benefit, from a realistic assessment, in light of all the pertinent circumstances of the gains which have resulted in the particular case. [Citation.]" (Id. at p. 50, 16 Cal.Rptr.2d 435.)

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