BILL NUMBER: AB 1742	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Coto

                        FEBRUARY 8, 2010

   An act to add Section 1021.11 to the Code of Civil Procedure,
relating to attorneys' fees.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1742, as introduced, Coto. Attorneys' fees: civil actions.
   Existing law provides that attorneys' fees allowed by contract,
statute, or law are costs, and the prevailing party in any action or
proceeding is entitled to a recovery of costs as a matter of right.
Existing law also provides that, except as attorneys' fees are
specifically provided for by statute, the measure and mode of
compensation of attorneys is controlled by the agreement of the
parties.
   This bill would authorize a court, upon motion, to award attorneys'
fees to a successful plaintiff in an action for damages arising out
of the fraud, theft, embezzlement, fraudulent conversion, or
misappropriation of property by the defendant.
   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 1021.11 is added to the Code of Civil
Procedure, to read:
   1021.11.  Upon motion, a court may award attorneys' fees to a
successful plaintiff in an action for damages arising out of the
fraud, theft, embezzlement, fraudulent conversion, or
misappropriation of property by the defendant.