What is the test for granting attorney's fees in a personal injury case?

California, United States of America


The following excerpt is from City of Carmel-By-The-Sea v. Board of Supervisors, 183 Cal.App.3d 229, 227 Cal.Rptr. 899 (Cal. App. 1986):

1) The inherent equitable power of the court as expressed in Serrano v. Priest (1977) 20 Cal.3d 25, 141 Cal.Rptr. 315, 569 P.2d 1303; and

2) Code of Civil Procedure section 1021.5 which provides express statutory authority for a grant of attorney's fees.

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