Serrano v. Stefan Merli Plastering Co., Inc.

Opinion

CORRIGAN, J.

Code of Civil Procedure section 1021.5 authorizes an award of attorney fees to a “private attorney general,” that is, a party who secures a significant benefit for many people by enforcing an important right affecting the públic interest.1 In Adoption of Joshua S. (2008) 42 Cal.4th 945 [70 Cal.Rptr.3d 372, 174 P.3d 192] (Joshua S.), we decided that a section 1021.5 fee award may not be imposed on a litigant who did nothing to adversely affect the public interest, but simply lost an important appellate case in the course of pursuing his or her private rights. (Joshua S., at…