Petitioner’s (Mary Gaido) Motion for Award of Attorney’s Fees and Costs Pursuant to CCP § 1021.5 (filed on 7-13-18) is GRANTED. Code of Civil Procedure section 1021.5 provides in part, “Upon motion, a court may award attorneys’ fees to a successful party against one or more opposing parties in any action which has resulted in the enforcement of an important right affecting the public interest if: (a) a significant benefit, whether pecuniary or nonpecuniary, has been conferred on the general public or a large class of persons, (b) the necessity and financial burden of private enforcement, or of enforcement by one public entity against another public entity, are such as to make the award appropriate, and (c) such fees should not in the interest of justice be paid out of the recovery, if any.” Bowman v. City of Berkeley (Bowman) (2005) 131 Cal.App.4th 173, 176, states, “Attorney fees are recoverable under section 1021.5 (1) by a successful party, (2) in an action that has resulted in the
Hearing Date
September 25, 2018
For full print and download access, please subscribe at https://www.trellis.law/.
Petitioner’s (Mary Gaido) Motion for Award of Attorney’s Fees and Costs Pursuant to CCP § 1021.5 (filed on 7-13-18) is GRANTED. Code of Civil Procedure section 1021.5 provides in part, “Upon motion, a court may award attorneys’ fees to a successful party against one or more opposing parties in any action which has resulted in the enforcement of an important right affecting the public interest if: (a) a significant benefit, whether pecuniary or nonpecuniary, has been conferred on the general public or a large class of persons, (b) the necessity and financial burden of private enforcement, or of enforcement by one public entity against another public entity, are such as to make the award appropriate, and (c) such fees should not in the interest of justice be paid out of the recovery, if any.” Bowman v. City of Berkeley (Bowman) (2005) 131 Cal.App.4th 173, 176, states, “Attorney fees are recoverable under section 1021.5 (1) by a successful party, (2) in an action that has resulted in the