[DOWNLOAD] "Olson v. Automobile Club of Southern California" by Colorado Supreme Court " eBook PDF Kindle ePub Free

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eBook details

• Title: Olson v. Automobile Club of Southern California
• Author : Colorado Supreme Court
• Release Date : January 28, 2008
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 83 KB

Description

Code of Civil Procedure section 1021.5 provides, in pertinent part, that "[u]pon motion, a court may award attorneys fees to a successful party . . . in any action which has resulted in the enforcement of an important right affecting the public interest if . . . a significant benefit . . . has been conferred on the general public . . . ." We granted review in this matter to decide whether, under this statute, a prevailing plaintiff who is awarded attorney fees is also entitled to recover expert witness fees. In Davis v. KGO-T.V., Inc. (1998) 17 Cal.4th 436 (Davis), we considered a similar issue, and concluded that Government Code section 12965, former subdivision (b), which then provided for an award of " reasonable attorney fees and costs " to a prevailing party, did not permit an award of expert witness fees. (Davis, supra, 17 Cal.4th at pp. 438, 446; Gov. Code 12965, former subd. (b), as amended by Stats. 1992, ch. 912, 7.1, p. 4276.) Consistent with Davis and the plain language of the statute, we hold that a prevailing plaintiff is not entitled to an award of expert witness fees in addition to attorney fees under Code of Civil Procedure section 1021.5.

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