Wood

Bonnie L. Wood, administratrix of the estate of her deceased son, Ronald David Wood, and her husband David Wood, Ronald’s father (collectively the Woods) appeal an order denying them attorney’s fees under Code of Civil Procedure section 1021.4. That section authorizes a court to award attorney’s fees to a plaintiff who prevails in an action for damages against a defendant based upon that defendant’s commission of a felony.

Andrew Kris McGovern was the drinking driver of a car in which his friend Ronald Wood was a passenger. The car went off the road, overturned and Ronald died of injuries sustained in the accident. Andrew pleaded guilty to a violation of Penal Code section 192, subdivision 3(a), vehicular manslaughter, a felony. The parents then sued Andrew and recovered damages.

The accident happened before the effective dates of Proposition 8 and section 1021.4. The trial commenced after those effective dates. We shall hold section 1021.4 authorizes an award of attorney’s fees in cases arising prior to its effective date, conclude the court failed to exercise its discretion under that section and reverse.

I

Proposition 8, the Victims’ Bill of Rights, adopted by the…