McGuigan v. City of San Diego

Opinion

HUFFMAN, J.

Code of Civil Procedure section 1021.5, the private attorney general fees statute, is construed to permit a trial court, in its discretion, to award such fees to a successful party in any appropriate action against “only an opposing party.” (Connerly v. State Personnel Bd. (2006) 37 Cal.4th 1169, 1176-1181 [39 Cal.Rptr.3d 788, 129 P.3d 1] (Connerly) (all statutory references are to the Code of Civil Procedure unless noted; § 1021.5 applies to actions resulting in the enforcement of an important right affecting the public interest).) This statute includes not only three…