CALIFORNIA FAMILY LAW
...Attorney Fees
......Actions-Types of
.........Public Interest Issue/Pvt. Atty. General
 9 Cards On This Topic:
  • Fees may be awarded for litigation in public interest/"Private Attorney General."
  • Litigant's personal nonpecuniary motives may not be used to disqualify him/her from obtaining fees under CCP 1021.5.
  • CCP 1021.5 not intended to impose fees on one seeking judgment that determines only his/her private rights, but who did nothing to adversely affect public interest other than being on losing side of important appellate case.
  • An attorney's fees award under CCP §1021.5 cannot be imposed on a litigant who did nothing to adversely affect the public interest.
  • Denial of attorney fees under private attorney general doctrine reversed; remand required to determine whether "financial burden of private enforcement" justifies an award under CCP 1021.5 using Whitley's cost-benefit analysis.
  • Democratic Central Committee has right to reasonable atty fees under the "private attorney general statute" incurred defending against claims concerning composition of its membership.
  • Order denying fees in grandparent visitation case under private attorney general statute proper where mother pursued Punsly I primarily for her personal nonmonetary benefit and case did not otherwise meet statutory criteria.
  • Mother sued by county to collect AFDC paid for her minor daughter's son is entitled to "private attorney general" attorney's fees as successful party.
  • Successful action to quash child support arrearages did not warrant fees as public interest issue.


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