Necessity Of Private Enforcement Is A Required Element When Seeking Private Attorney General Fees.

Code of Civil Procedure section 1021.5, provides courts with the statutory authority to award attorney fees under a private attorney general theory to litigants who successfully pursue public interest litigation vindicating important constitutional rights. In this case, a plaintiff who received a large compensatory damage award for bad dental treatment made a postjudgment motion for more than $500,000 in attorney fees under 1021.5. He claimed he had acted in the role of a private attorney general in obtaining injunctive relief that was beneficial to a large group of dental patients potentially seeking services from the dental clinic.  The court awarded $126,974.13 for attorney fees. The appellate court concluded the trial court abused its discretion in awarding those fees because the plaintiff “failed to establish that private enforcement was necessary to protect the public. . . [and] Because the necessity of private enforcement is one of the required elements under section 1021.5.” (Bui v. Nguyen (Cal. App. Sixth Dist.; October 28, 2014) 230 Cal.App.4th 1357 [179 Cal.Rptr.3d 523].)