Legal Opinion
Marine Forests Society v. California Coastal Commission
California Court of Appeal
Decided March 4, 2008No. C052872PublishedCited by 11 opinions
1Opinion of the Court
Opinion
SCOTLAND, P. J.
At issue in this appeal is whether Marine Forests Society (Marine Forests) qualifies for an award of attorney fees pursuant to Code of Civil Procedure section 1021.5 (hereafter section 1021.5), which entitles a “successful” litigant to such an award when its lawsuit “resulted in the enforcement of an important right affecting the public” and, among other things, “a significant benefit, whether pecuniary or nonpecuniary, has been conferred on the general public or a large class of persons.” Even without a favorable judicial resolution, the plaintiff is considered a…
2Cases cited14 opinions
- Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
- Auto Equity Sales, Inc. v. Superior CourtCalifornia Supreme Court · 1962
- Graham v. DaimlerChrysler Corp.California Supreme Court · 2005
- City of Sacramento v. DrewCalifornia Court of Appeal · 1989
- Folsom v. Butte County Assn. of GovernmentsCalifornia Supreme Court · 1982
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3Cited by11 opinions
- Ebbetts Pass Forest Watch v. Department of Forestry & Fire ProtectionCalifornia Court of Appeal · 2010
- Cates v. ChiangCalifornia Court of Appeal · 2013
- California Public Records Research, Inc. v. County of YoloCalifornia Court of Appeal · 2016
- City of Los Angeles v. Metropolitan Water Dist. etc.California Court of Appeal · 2019
- City of San Clemente v. Dept. of TransportationCalifornia Court of Appeal · 2023
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