North Bay Regional Center v. Maldonado

Opinion

MORENO, J.

Under Code of Civil Procedure section 1021.5, a litigant who acts as a private attorney general and is a successful party in the litigation may under certain circumstances recover attorney fees from the opposing parties. One of the requirements that courts are directed to consider when determining eligibility for attorney fees is “the necessity and financial burden of private enforcement.” As explained below, courts have long construed this language to mean, among other things, that a litigant who has a financial interest in the .litigation may be disqualified from obtaining…