Attorney Fee Award Depends on Pecuinary Interests, Even for Public Agencies
- Glen C. Hansen
- Nov 2, 2012
- 4 min read
When deciding whether to award a public litigant its attorneys' fees against another public entity under Code of Civil Procedure section 1021.5, the trial court may only consider the public litigant's "pecuniary interests and the pecuniary interests of its constituents" in determining the third requirement of that statute. The court may not consider the nonpecuniary motives of the public litigant in bringing the lawsuit.