Beatrice Gottlieb v. Senior Health Ins Co of Penn.

MEMORANDUM

Senior Health Insurance Company of Pennsylvania (“SHIP”) appeals the district court’s award of attorneys’ fees under California Code of Civil Procedure § 1021.5 to Beatrice Orkin Gottlieb. We have jurisdiction to review the district court’s final order under 28 U.S.C. § 1291 . Reviewing the award for an abuse of discretion, Fischel v. Equitable Life Assur. Soc’y of U.S., 307 F.3d 997 , 1005 (9th Cir.2002), we affirm.

Gottlieb, a California resident, brought a nationwide class action against SHIP in California, seeking rescission of an improper endorsement that had been issued to her and other policyholders. Given SHIP’S contacts in California and California’s strong interest in the litigation the application of § 1021.5, California’s private attorney general fee-shifting statute, to Gottlieb’s request for attorneys’ fees from SHIP under such circumstances hardly was an extraterritorial application of the law, nor did it violate SHIP’S due process rights. See Shutts v. Phillips Petroleum Co., 472 U.S. 797, 821-822 , 105 S.Ct. 2965 , 86 L.Ed.2d 628 (1985).

Furthermore, Gottlieb’s suit satisfies each requirement under § 1021.5. As the district court found, Gottlieb’s…