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Supreme Court of California


Conservatorship of Whitley, S175855

In petitioner's request for attorney fees following successful litigation involving a challenge to the transfer of her disabled brother into a community living arrangement, judgment of the court of appeal denying the request is reversed and remanded as a litigant's personal non-pecuniary motives may not be used to disqualify that litigant from obtaining fees under Code of Civil Procedure section 1021.5, and here, the fact that the petitioner was subjectively motivated by her brother's welfare does not disqualify her from section 1021.5 fees.

Appellate Information

  • Decided 11/08/2010
  • Published 11/08/2010

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Court

  • Supreme Court of California

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