What is the test for an award of attorney fees under the attorney general theory?

California, United States of America


The following excerpt is from Slayton v. Pomona Unified School Dist., 161 Cal.App.3d 538, 207 Cal.Rptr. 705 (Cal. App. 1984):

The decision whether an award of attorney fees under the attorney general theory is justified rests initially with the trial court. (Id., 23 Cal.3d at pp. 938, 940-941, 942, 154 Cal.Rptr. 503, 593 P.2d 200.) The trial court, "utilizing its traditional equitable discretion (now codified in 1021.5), must realistically assess the litigation and determine, from a practical perspective" (id., 23 Cal.3d at p. 938, 154 Cal.Rptr. 503, 593 P.2d 200) whether the statutory criteria have been met (Baggett v. Gates, supra, 32 Cal.3d at p. 142, 185 Cal.Rptr. 232, 649 P.2d 874). In the instant case, as in Baggett v. Gates, "the trial court had to evaluate whether [petitioners'] action: (1) served to vindicate an important public right; (2) conferred a significant benefit on the general public or a large class of persons; and (3) imposed a financial burden on [petitioners] which was out of proportion to their individual stake in the matter." (Ibid.) Since petitioners' action did not produce any monetary recovery, subsection "(c)" of section 1021.5 is not applicable. (See id., 32 Cal.3d at p. 142, fn. 17, 185 Cal.Rptr. 232, 649 P.2d 874.)

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