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eBook details

• Title: Woodland Hills Residents Association Inc. v. City Council of Los Angeles
• Author : Supreme Court Of California
• Release Date : January 03, 1979
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 98 KB

Description

[23 Cal3d Page 924] In Serrano v. Priest (1977) 20 Cal. 3d 25 [141 Cal. Rptr. 315, 569 P.2d 1303] (Serrano III), we concluded that California courts, exercising their inherent equitable authority, may award attorney fees [23 Cal3d Page 925] under a ""private attorney general"" rationale to litigants who successfully pursue ""public interest"" litigation vindicating important constitutional rights. In that decision, we expressly left open the related question ""whether courts may award attorneys fees under the 'private attorney general' theory, where the litigation at hand has vindicated a public policy having a statutory, as opposed to, a constitutional basis."" (20 Cal. 3d at p. 47.) At almost the same time as the rendition of our Serrano III decision, the Legislature enacted section 1021.5 of the Code of Civil Procedure, providing explicit statutory authority for court-awarded attorney fees under a private attorney general theory.1 Unlike the Serrano III decision, however, section 1021.5 establishes the propriety of a private attorney general attorney fee award in cases beyond those vindicating constitutionally based rights. When other statutory criteria are satisfied, the section explicitly authorizes such award ""in any action which has resulted in the enforcement of an important right affecting the public interest "" (italics added) regardless of its source -- constitutional, statutory or other.

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