Riles

In this case, we are asked to determine the propriety of the trial court’s award of attorney fees to plaintiffs under Code of Civil Procedure section 1021.5. In particular, we must determine: (1) whether the trial court is divested of jurisdiction to award attorney fees by its dismissal of an action not brought to trial within five years; (2) whether the trial court properly found that plaintiffs were successful litigants who vindicated an important right by obtaining a preliminary injunction protecting public school children from having their immigration status reported to the Immigration and Naturalization Service; and (3) whether the trial court’s failure to make findings supporting its calculation of attorney fees requires reversal of the award.

Plaintiffs sought attorney fees as successful litigants under the “private attorney general” doctrine codified in section 1021.5 and the federal Civil Rights Attorney’s Fees Awards Act of 1976 ( 42 U.S.C. § 1988 ). The trial court found that plaintiffs were entitled to reasonable attorney fees for obtaining a preliminary injunction in the underlying action and awarded such fees.

The Court of Appeal reversed, determining that…