What is the test for seeking attorney fees in a personal injury action?

California, United States of America


The following excerpt is from City of Fresno v. Press Communications, Inc., 31 Cal.App.4th 32, 36 Cal.Rptr.2d 456 (Cal. App. 1994):

Appellants seek attorney fees pursuant to Code of Civil Procedure section 1021.5. That section authorizes the court to award attorney fees if " '(1) plaintiffs' 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 are such as to make the award appropriate." ' [Citation.]" (Press v. Lucky Stores, Inc. (1983) 34 Cal.3d 311, 318, 193 Cal.Rptr. 900, 667 P.2d 704, fn. omitted.)

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