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California Code of Civil Procedure Section 1021.5

Legal Research Home > California Laws > Code of Civil Procedure > California Code of Civil Procedure Section 1021.5

1021.5.  Upon motion, a court may award attorneys' fees to a
successful party against one or more opposing parties in any action
which has resulted in the enforcement of an important right affecting
the public interest if: (a) a significant benefit, whether pecuniary
or nonpecuniary, has been conferred on the general public or a large
class of persons, (b) the necessity and financial burden of private
enforcement, or of enforcement by one public entity against another
public entity, are such as to make the award appropriate, and (c)
such fees should not in the interest of justice be paid out of the
recovery, if any. With respect to actions involving public entities,
this section applies to allowances against, but not in favor of,
public entities, and no claim shall be required to be filed therefor,
unless one or more successful parties and one or more opposing
parties are public entities, in which case no claim shall be required
to be filed therefor under Part 3 (commencing with Section 900) of
Division 3.6 of Title 1 of the Government Code.
   Attorneys' fees awarded to a public entity pursuant to this
section shall not be increased or decreased by a multiplier based
upon extrinsic circumstances, as discussed in Serrano v. Priest, 20
Cal. 3d 25, 49.
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Last modified: March 17, 2014