Porfirio Serrano, Plaintiffs and Appellants v. Stefan Merli Plastering Co., Inc., Defenda — Kennard, J…

Summary

The dissent would affirm the denial of private attorney general fees because the litigation adjudicated plaintiffs' private dispute over a deposition-reporting charge and did not enforce a public right that the defendant had compromised. It reasons that the governing statute requires conduct by the opposing party that adversely affects the public or a significant class, rather than merely litigation that produces an important precedent. The majority instead reverses and upholds the appropriateness of a fee award.