Powers

Family Planning Specialists Medical Group, Inc. v. Powers

Good Law
1995 Cal. App. LEXIS 1098·39 Cal. App. 4th 1561·46 Cal. Rptr. 2d 667·95 Daily Journal DAR 14961·95 Cal. Daily Op. Serv. 8673
Court of Appeal of CaliforniaNovember 9, 1995A066362California4,079 words

Opinion

Opinion

Phelan, J.

Appellant Robert Powers (Powers) contends that the trial court abused its discretion by denying his request for attorney fees after respondents Family Planning Specialists Medical Group, Inc., Carl Watson, and Paul Wright (collectively hereinafter respondents) voluntarily dismissed a complaint by which they had sought injunctive and monetary relief for Powers’s distribution of leaflets respondents alleged to be libelous. Specifically, in their complaint, respondents claimed that Powers had threatened to and did distribute leaflets in which he falsely stated that the individual respondents, both of whom are board-certified obstetrician-gynecologists, specialized in late-term abortions, used a controversial abortion procedure known as “D&X” (the acronym used for the “dilatation and extraction” procedure), and performed abortions after the second trimester of pregnancy. We conclude that there is substantial support for the trial court’s finding that Powers’s defense of this action did not confer any “significant benefit. . . on the general public or a large class of persons” as required by Code of Civil Procedure section 1021.5, and that the court did not, therefore, abuse…

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