ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Class Action Blogs -> The UCL Practitioner

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Class Action

: The UCL Practitioner

Section 1021.5 does not require a prelitigation demand in non-catalyst cases: Vasquez v. State of California

By Kimberly A. Kralowec

ADVERTISEMENTS

The Supreme Court's decision in Vasquez v. State of California, ___ Cal.4th ___ (Nov. 20, 2008) is now up. The Court held that in non-catalyst cases, section 1021.5 contains no "categorial" rule requiring a prelitigation demand as a prerequisite to an attorneys' fees award. In other words, the Court limited its holding in Graham v. DaimlerChrysler Corp., 34 Cal.4th 553 (2004) to catalyst cases. The Court also held that evidence of prelitigation efforts to resolve a dispute may be considered, in the trial court's discretion, when determining whether "the necessity ... of private enforcement ... [was] such as to make the award appropriate."

An excerpt from the opinion:

The State argues a court may never award attorney fees under section 1021.5 unless the plaintiff attempted to settle before resorting to litigation. Neither the language of the statute nor the cases interpreting it impose[s] such a categorical requirement. In determining, however, whether ?the necessity and financial burden of private enforcement ... are such as to make the award appropriate? (§ 1021.5), a court properly takes into consideration whether the party seeking fees attempted to resolve the matter without litigation.

....

We have not interpreted section 1021.5 as imposing a prelitigation settlement demand requirement in noncatalyst cases. In Graham, supra, 34 Cal.4th 553, we did require prelitigation demands, but only in catalyst cases.

Slip op. at 7, 9 (emphasis in original).

Full post as published by The UCL Practitioner on November 20, 2008 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0021 secs (from cache 11/03/26 20:54:20)