California Court of Appeal

Following a successful jury trial in plaintiff's favor for injuries arising from negligently performed dental work, but before judgment was entered, plaintiff obtained a permanent injunction against defendant to identify herself as a dental assistant and to refrain from wearing a white lab coat. Plaintiff then filed a post judgment motion for attorney fees pursuant to Code of Civil Procedure section 1021.5, which the court granted. The attorney fees award is reversed, where: 1) plaintiff failed to establish that private enforcement was necessary to protect the public from false advertising by defendant; and 2) because necessity of private enforcement is one of the required elements under section 1021.5, the court erred in award attorney fees under that statute.

Appellate Information

• Decided 10/28/2014
• Published 10/28/2014

Judges

• Marquez

Court

• California Court of Appeal

Counsel