What are the implications of section 12965, subdivision (b) of the California Civil Code of Civil Procedure for the purpose of paying attorney fees in a personal injury case?

California, United States of America


The following excerpt is from McElwain v. Kaiser Found. Hosps., G055049 (Cal. App. 2018):

Section 12965, subdivision (b) provides, in pertinent part: "In civil actions brought under this section, the court, in its discretion may award to the prevailing party . . . reasonable attorney's fees and costs . . . ." "[T]he court must consider the significance of the overall relief obtained by the prevailing party in relation to the hours reasonably expended on the litigation and whether the expenditure of counsel's time was reasonable in relation to the success achieved." (Mann v. Quality Old Time Service, Inc. (2006) 139 Cal.App.4th 328, 344.) "[A] defendant should not be entitled to obtain as a matter of right his or her entire attorney fees incurred on successful and unsuccessful claims merely because the attorney work on those claims was overlapping. Instead, the

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