BILL NUMBER: SB 1202	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Harman

                        FEBRUARY 13, 2008

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1202, as introduced, Harman. Attorney's fees: public interest:
class action.
   Existing law allows 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 judge in a class action to order a
part of the attorney's fees awarded pursuant to this provision to be
withheld until the class members have received their portion of the
settlement funds.
   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 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  ,   (1977) 
20  Cal. 3d   Cal.3d  25, 49. 
   (d) In an action based on Section 382, the judge may order a part
of the attorney's fees awarded pursuant to this section to be
withheld until the class members have received their portion of the
settlement funds.