Annette F. v. Sharon S.

*949 Opinion

In Sharon S. v. Superior Court (2003) 31 Cal.4th 417 [ 2 Cal.Rptr.3d 699 , 73 P.3d 554 ] (Sharon S.), we validated a so-called “second parent” adoption, in which the same-sex partner of a birth mother adopted the mother’s child, while the mother remained a coparent. Subsequently, the prevailing party in that case, Annette F. (Annette), sought attorney fees under the “private attorney general” attorney fee statute, Code of Civil Procedure section 1021.5, 1 to be paid by the losing party, Sharon S. (Sharon). The trial court awarded such fees but the Court of Appeal reversed. As will be explained at greater length below, the court concluded that because of Annette’s large personal stake in the outcome of the litigation, she was not acting as an authentic private attorney general. We granted review to address that issue. We subsequently ordered supplemental briefing on the following question: Does section 1021.5 authorize an award of attorney fees against a litigant who has done nothing to adversely affect the rights of the public or a substantial class of people other than raising an issue in the course of litigation over private rights and interests that results in an…