BILL NUMBER: SB 1113	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 29, 2008
	PASSED THE ASSEMBLY  AUGUST 27, 2008
	AMENDED IN ASSEMBLY  AUGUST 21, 2008
	AMENDED IN ASSEMBLY  JUNE 18, 2008
	AMENDED IN SENATE  MARCH 24, 2008

INTRODUCED BY   Senator Migden

                        JANUARY 22, 2008

   An act to amend Section 1021.5 of the Code of Civil Procedure,
relating to attorney's fees.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1113, Migden.  Attorney's fee and costs.
   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 authorize the court to award attorney's fees and
costs, including expert witness fees, pursuant to this provision.


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 attorney's fees and
costs, including expert witness 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
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.
    (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.
    (3) Those fees should not, in the interest of justice, be paid
out of the recovery, if any.
   (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.
   (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
(1977) 20 Cal.3d 25, 49.