What is the test for a common benefit claim in a personal injury action?

California, United States of America


The following excerpt is from Forrest v. Elam, 151 Cal.Rptr. 591, 88 Cal.App.3d 164 (Cal. App. 1979):

" '(I)t is only when the costs, including counsel fees entailed in said action, shall be found to have been expended for the common benefit, that they shall be chargeable or recoverable by whichever of the parties, plaintiff or defendant, shall have so expended the same.' " (Capuccio v. Caire, 215 Cal. 518, 526, 11 P.2d 1097, 1100.) There is no suggestion in Capuccio that the parties should share the cost of attorney fees expended in behalf of one party for the presentation of a time consuming and meritless contention that he should receive some amount greater than that to which he is legally entitled. While the concept of attorney fees expended for the common good does not necessarily preclude sums expended in bona fide dispute between the parties (Id., at p. 529, 11 P.2d 1097), common benefit is not reasonably construed to include the pressing of spurious matters.

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