CONSERVATORSHIP OF WHITLEY

No. S175855.

50 Cal.4th 1206 (2010)

117 Cal. Rptr. 3d 342

Conservatorship of the Person and Estate of ROY WHITLEY. NORTH BAY REGIONAL CENTER, Petitioner and Respondent, v. VIRGINIA MALDONADO, Objector and Appellant.

Supreme Court of California.

November 8, 2010.


Attorney(s) appearing for the Case

Severson & Werson, Jan T. Chilton and Donald J. Querio for Objector and Appellant.

Farella Braun & Martel, Mark D. Petersen and Patrick McKinney for California Association of State Hospitals/Parent Councils for the Retarded and California Association for the Retarded as Amici Curiae on behalf of Objector and Appellant.

Shute, Mihaly & Weinberger, Ellison Folk and Brianna R. Fairbanks for Sierra Club, Planning and Conservation League, Baykeeper, Greenbelt Alliance and Hills for Everyone as Amici Curiae on behalf of Objector and Appellant.

Richard A. Rothschild and Lisa Jaskol for Los Angeles County Bar Association, Beverly Hills Bar Association, Western Center on Law and Poverty and Public Counsel as Amici Curiae on behalf of Objector and Appellant.

Alan L. Schlosser ; Peter Eliasberg ; and David Blair-Loy for ACLU of Northern California, ACLU of Southern California and ACLU of San Diego and Imperial Counties as Amici Curiae on behalf of Objector and Appellant.

Randolph Cregger & Chalfant, Miller Law Group and Joseph P. Mascovich for Petitioner and Respondent.

Jennifer B. Henning for California State Association of Counties and League of California Cities as Amici Curiae on behalf of Petitioner and Respondent.

Meriem L. Hubbard for Pacific Legal Foundation as Amicus Curiae.


OPINION

MORENO, J.

Under Code of Civil Procedure section 1021.5, a litigant who acts as a private attorney general and is a successful party in the litigation may under certain circumstances recover attorney fees from the opposing parties. One of the requirements that courts are directed to consider when determining eligibility for attorney fees is "the necessity and financial burden of private enforcement."...

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