In what circumstances will a trial court deny an award of attorney fees on the grounds of special circumstances?

California, United States of America


The following excerpt is from McMahon v. Lopez, 199 Cal.App.3d 829, 245 Cal.Rptr. 172 (Cal. App. 1988):

In further support of its denial of attorney fees on the ground of special circumstances, the trial court cited Naprstek v. City of Norwich (N.D.N.Y.1977) 433 F.Supp. 1369, wherein an award of attorney fees was denied to a prevailing plaintiff who sued to invalidate on vagueness grounds an antiquated and rarely enforced

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