McGuigan

Code of Civil Procedure section 1021.5, the private attorney general fees statute, is construed to permit a trial court, in its discretion, to award such fees to a successful party in any appropriate action against “only an opposing party.” (Connerly v. State Personnel Bd. (2006) 37 Cal.4th 1169, 1176-1181 [ 39 Cal.Rptr.3d 788 , 129 P.3d 1 ] (Connerly) (all statutory references are to the Code of Civil Procedure unless noted; § 1021.5 applies to actions resulting in the enforcement of an important right affecting the public interest).) This statute includes not only three enumerated criteria for the court to consider, but also certain introductory language, as follows: “Upon motion, a court may award attorneys’ fees to a successful party against one or more opposing parties in any action which has resulted in the enforcement of an important right affecting the public interest if: (a) a significant benefit . . . has been conferred on the general public or a large class of persons, (b) the necessity and financial burden of private enforcement, or of enforcement by one public entity against another public entity, are such as to make the award appropriate, and (c) such fees…