Is a plaintiff entitled to attorney fees in a lawsuit enforcing constitutional guarantees?

California, United States of America


The following excerpt is from Press v. Lucky Stores, Inc., 193 Cal.Rptr. 900, 34 Cal.3d 311, 667 P.2d 704 (Cal. 1983):

7 Of course, not all lawsuits enforcing constitutional guarantees will warrant an award of fees. For example, in Pacific Legal Foundation v. California Coastal Com. (1982) 33 Cal.3d 158, 188 Cal.Rptr. 104, 655 P.2d 306, this court held that plaintiffs were not entitled to attorney fees since their litigation, while based on the constitutional right to be free from the arbitrary deprivation of private property, vindicated only the rights of the property owners of the single parcel at issue.

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