California Senate Bill SB269 Introduced / Bill

 BILL NUMBER: SB 269INTRODUCED BILL TEXT INTRODUCED BY Senator Harman FEBRUARY 24, 2009 An act to amend Section 1021.5 of the Code of Civil Procedure, relating to attorney's fees. LEGISLATIVE COUNSEL'S DIGEST SB 269, as introduced, Harman. Attorney's fees. Existing law authorizes a court, upon motion, to award attorney's fees to a successful party against one or more opposing parties in any action that has resulted in the enforcement of an important right affecting the public interest, if certain conditions are met. This bill would provide for the award of attorney's fees pursuant to that provision only if judgment has been entered in favor of the successful party against one or more opposing parties in the action. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 1021.5 of the Code of Civil Procedure is amended to read: 1021.5.  (a)    Upon motion, a court may award  attorneys'   attorney's  fees to a successful party  for which judgment is entered in favor of that party  against one or more opposing parties in any action  which   that  has resulted in the enforcement of an important right affecting the public interest  ,  if  : (a) a   all of the following are met:   (1)     A  significant benefit, whether pecuniary or nonpecuniary, has been conferred on the general public or a large class of persons  , (b) the   .   (2)     The necessity and financial burden of private enforcement, or of enforcement by one public entity against another public entity, are such as to make the award appropriate  , and (c) such   .   (3)     Those  fees should not in the interest of justice be paid out of the recovery, if any.  With   (b)     With  respect to actions involving public entities, this section applies to allowances against, but not in favor of, public entities, and no claim shall be required to be filed therefor, unless one or more successful parties and one or more opposing parties are public entities, in which case no claim shall be required to be filed therefor under Part 3 (commencing with Section 900) of Division 3.6 of Title 1 of the Government Code.  Attorneys'   (c)     Attorney's  fees awarded to a public entity pursuant to this section shall not be increased or decreased by a multiplier based upon extrinsic circumstances, as discussed in Serrano v. Priest  , 20 Cal. 3d   (1977) 20 Cal.3d  25, 49.