Is a plaintiff entitled to attorney general fees?

California, United States of America


The following excerpt is from Tuthill v. City of San Buenaventura, 167 Cal.Rptr.3d 820, 223 Cal.App.4th 1081 (Cal. App. 2014):

The trial court ordered the City to pay plaintiffs' attorney fees pursuant to the private attorney general statute, Code of Civil Procedure section 1021.5. Private attorney general fees are available to "a successful party" in an action that has resulted in the enforcement of an important right affecting the public interest if certain conditions are met. The trial court's attorney fees award must be vacated because plaintiffs are not successful parties. "The term successful party, as ordinarily understood, means the party to litigation that achieves its objectives." ( Graham v. DaimlerChrysler Corporation (2004) 34 Cal.4th 553, 571, 21 Cal.Rptr.3d 331, 101 P.3d 140.) The City prevailed on the issue of declaratory relief at trial in that the trial court found that plaintiffs' units would retain their lower income designations. Because we are reversing the trial court's damage award, the City prevails on that issue as well.

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