Crespin

In 1993, plaintiffs obtained a permanent injunction requiring that the California Department of Health Services (DHS) provide certain restricted Medi-Cal benefits to undocumented aliens. A judgment incorporating the injunction’s major elements became final in 1994, following DHS’s appeal. In 1997 and 2000, DHS moved unsuccessfully for orders dissolving or modifying portions of the injunction. In 2003, plaintiffs applied for and were awarded attorney fees and expenses under the private attorney general statute for successfully defending the permanent injunction. DHS challenges the award, contending that plaintiffs’ fee motion was untimely under California Rules of Court, rule 870.2. We find the rule inapplicable in the special circumstances of this case, and affirm the trial court’s order awarding fees.

BACKGROUND

Plaintiffs filed this lawsuit in March 1988. The lawsuit challenged the state’s process for determining the eligibility of undocumented aliens for certain restricted benefits ■ they may receive under the Medi-Cal program. Eventually, plaintiffs were granted a preliminary injunction preventing DHS from (1) denying restricted-scope coverage under Medi-Cal to…