Supreme Court of California

The "private attorney general" attorney fee statute, Code of Civil Procedure section 1021.5, does not authorize an award of attorney's fees against an individual who has done nothing to adversely affect the rights of the public or a substantial class of people other than raise an issue in the course of private litigation that could establish legal precedent adverse to a portion of the public.

Appellate Information

• Decided 01/24/2008
• Published 01/24/2008

Judges

• MORENO, J.

Court

• Supreme Court of California

Counsel

• For Appellant:
  
• Judith E. Klein, La Mesa, for Minor.


• For Appellees:
  
• Blatchley & Blatchley, William E. Blatchley, San Diego;  John L. Dodd & Associates and John L. Dodd, Tustin, for Defendant and Appellant., Luce, Forward, Hamilton & Scripps and Charles A. Bird, San Diego, for Plaintiff and Respondent., Jennifer C. Pizer, Brian Chase, Shannon Minter and Courtney Joslin, for Children of Lesbians and Gays Everywhere, Family Pride Coalition, Los Angeles Gay & Lesbian Center, Lambda Legal Defense & Education Fund, Lesbian & Gay Lawyers Association of Los Angeles, National Center for Lesbian Rights, Our Family Coalition, Pop Luck Club, San Diego Family Matters and Tom Homann Law Association as Amici Curiae on behalf of Plaintiff and Respondent., Rosen, Bien & Asaro, Andrea G. Asaro and Amy Whelan, San Francisco, for American Civil Liberties Union, Bay Area Lawyers for Individual Freedom, Legal Services for Children, Western Center on Law & Poverty, Youth Law Center and Protection & Advocacy, Inc., as Amici Curiae on behalf of Plaintiff and Respondent., Shute, Mihaly & Weinberger, Ellison Folk, Robert S. Perlmutter, San Francisco, and Jenny K. Harbine, for Planning and Conservation League, Natural Resources Defense Council and Baykeeper as Amici Curiae on behalf of Plaintiff and Respondent., Manning & Marder, Kass, Ellrod, Ramirez, Scott Wm. Davenport and Jason J. Molnar, San Diego, for Los Angeles County Bar Association and Beverly Hills Bar Association as Amici Curiae on behalf of Plaintiff and Respondent.