Olson v. Automobile Club of Southern California

DREDF joined an amicus brief submitted to the California Supreme Court on in Olson v. Automobile Club of Southern California. The decision being reviewed came out of the Second Appellate District, Division Two: Olson v. Auto Club of S. Cal. (2006) 139 Cal App. 4th 552, Case No. B168730. This case raises the issue of whether expert fees can be recovered as part of the attorneys’ fees recovery available to prevailing plaintiffs under California’s general fee-shifting statute, Cal. Civ. Code Section 1021.5. The Second Appellate District held that expert fees are not recoverable, and the amicus brief argues that this undermines the most basic goal of Section 1021.5, to encourage the filing of lawsuits to enforce important environmental, consumer and civil rights by making such cases economically feasible. The general goal of preserving a broad right to attorneys’ fees in meritorious cases is an important one shared by the entire public interest and legal services community.