Hospital Systems, Inc. v. Office of Statewide Health Planning & Development

Opinion

SPARKS, J.

The question presented in this appeal is whether Code of Civil Procedure section 1021.5 authorizes an award of attorney fees to a party who prevails at an administrative hearing and thereby resolves a dispute without resorting to a lawsuit. The plaintiff in this case filed an independent action for attorney fees under this statute after it had prevailed in an administrative proceeding. The trial court granted judgment on the pleadings in favor of defendant. We conclude that the clear language of the statute precludes a court from awarding fees in such a case and therefore…