Children & Families Commission v. Brown
Annotate this CaseThe Commissions challenged a post judgment order denying their motion for attorney fees under the private attorney general doctrine, Cal. Civ. Proc., 102.5. The court affirmed the order denying attorney fees because section 1021.5 does not apply in this instance where the financial burden of this litigation was not out of proportion to the Commissions' pecuniary stakes in the proceedings. Because the trial court did not abuse its discretion in determining that the Commissions failed to meet the "financial burden" element of section 1021.5, the court need not consider whether it satisfied the other criteria upon which the trial court denied the motion.
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