Consumer Cause, Inc. v. Mrs. Gooch's Natural Food Markets, Inc.

Opinion

PERLUSS, P. J.

Is an unnamed member of a putative class who successfully objects to class certification and approval of a proposed class-wide settlement agreement entitled to an award of attorney fees under either Code of Civil Procedure section 1021.5, 1 which codifies the private attorney general doctrine articulated in Serrano v. Priest (1977) 20 Cal.3d 25 [141 Cal.Rptr. 315, 569 P.2d 1303] (Serrano III), 2 or general equitable principles? As to the first part of the question, because the objector is not the functional equivalent of a private attorney general pursuing an action to…