Bill Text: CA SB269 | 2009-2010 | Regular Session | Introduced

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Bill Title: Attorney's fees.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB269 Detail]

Download: California-2009-SB269-Introduced.html

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BILL NUMBER: SB 269	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Harman

                        FEBRUARY 24, 2009

   An act to amend Section 1021.5 of the Code of Civil Procedure,
relating to attorney's fees.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 269, as introduced, Harman. Attorney's fees.
   Existing law authorizes a court, upon motion, to award attorney's
fees to a successful party against one or more opposing parties in
any action that has resulted in the enforcement of an important right
affecting the public interest, if certain conditions are met.
   This bill would provide for the award of attorney's fees pursuant
to that provision only if judgment has been entered in favor of the
successful party against one or more opposing parties in the action.

   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1021.5 of the Code of Civil Procedure is
amended to read:
   1021.5.   (a)    Upon motion, a court may award
 attorneys'   attorney's  fees to a
successful party  for which judgment is entered in favor of that
party  against one or more opposing parties in any action
 which   that  has resulted in the
enforcement of an important right affecting the public interest 
,  if  : (a) a   all of the following are
met: 
    (1)     A  significant benefit,
whether pecuniary or nonpecuniary, has been conferred on the general
public or a large class of persons  , (b) the  
. 
    (2)     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   . 
    (3)     Those  fees should not in the
interest of justice be paid out of the recovery, if any. 
With 
    (b)     With  respect to actions
involving public entities, this section applies to allowances
against, but not in favor of, public entities, and no claim shall be
required to be filed therefor, unless one or more successful parties
and one or more opposing parties are public entities, in which case
no claim shall be required to be filed therefor under Part 3
(commencing with Section 900) of Division 3.6 of Title 1 of the
Government Code. 
   Attorneys' 
    (c)     Attorney's  fees awarded to a
public entity pursuant to this section shall not be increased or
decreased by a multiplier based upon extrinsic circumstances, as
discussed in Serrano v. Priest  , 20 Cal. 3d  
(1977) 20 Cal.3d  25, 49.