Serrano

Code of Civil Procedure section 1021.5 authorizes an award of attorney fees to a “private attorney general,” that is, a party who secures a significant benefit for many people by enforcing an important right affecting the públic interest. 1 In Adoption of Joshua S. (2008) 42 Cal.4th 945 [ 70 Cal.Rptr.3d 372 , 174 P.3d 192 ] (Joshua S.), we decided that a section 1021.5 fee award may not be imposed on a litigant who did nothing to adversely affect the public interest, but simply lost an important appellate case in the course of pursuing his or her private rights. (Joshua S., at p. 958.)

In this case, plaintiffs objected to paying an extra fee for an expedited transcript of a deposition noticed by defendant. They won an appeal establishing that trial courts have the authority to determine the reasonableness of *1021 fees charged by deposition reporters to nonnoticing parties. On remand, the trial court found that the fee charged to plaintiffs was unreasonable, but denied their motion for an award of attorney fees under section 1021.5. Relying on Joshua S., the court concluded that plaintiffs had acted in their own interest and only incidentally conferred a benefit on other…

California follows the American rule, under which each party to litigation must generally pay its own attorney fees. (Code Civ. Proc., § 1021.) California’s private attorney general law (id., § 1021.5), however, sets forth an exception, stating that, if certain specified conditions are met, “a court may award attorneys’ fees ... in any action which has resulted in the enforcement of an important right affecting the public interest . . . .”

Here, defendant scheduled the deposition of plaintiffs’ expert witness and hired a local deposition reporter to record the deposition and prepare a certified transcript on an expedited basis. After the deposition was completed, plaintiffs requested a certified copy of the transcript, also on an expedited basis. The reporter’s invoice, sent to plaintiffs’ counsel, included a $261.56 surcharge for expediting its service. Plaintiffs challenged the surcharge in the trial court. The reporter provided the transcript, agreeing to defer payment of the surcharge until after the trial court’s ruling.

Relying on a published Court of Appeal decision, the trial court ruled that it had no authority to regulate the fees charged by deposition reporters.…

John L. Dodd & Associates, John L. Dodd; Chambers, Noronha & Kubota and Peter A. Noronha for Objector and Respondent.

Code of Civil Procedure section 1021.5 authorizes an award of attorney fees to a "private attorney general," that is, a party who secures a significant benefit for many people by enforcing an important right affecting the public interest. [1] In Adoption of Joshua S. (2008) 42 Cal.4th 945 [ 70 Cal.Rptr.3d 372 , 174 P.3d 192 ] ( Joshua S. ), we decided that a section 1021.5 fee award may not be imposed on a litigant who did nothing to adversely affect the public interest, but simply lost an important appellate case in the course of pursuing his or her private rights. ( Joshua S., at p. 958.)

In this case, plaintiffs objected to paying an extra fee for an expedited transcript of a deposition noticed by defendant. They won an appeal establishing that trial courts have the authority to determine the reasonableness of fees charged by deposition reporters to nonnoticing parties. On remand, the trial court found that the fee charged to plaintiffs was unreasonable, but denied their motion for an award of attorney fees under section 1021.5. Relying on…