[co-author: Victoria Boyko]

In In re Butler, 2015 DJDAR 5345, the California Court of Appeal for the First Appellate District decided a prison case and awarded attorney fees under the Private Attorney General Doctrine contained in CCP§ 1021.5. The court noted that attorney fees can be awarded in an action that “resulted in the enforcement of an important right affecting the public interest if . . . a significant benefit . . . has been conferred on the general public or a large class of persons.” CCP§ 1021.5. Here, the court concluded that the calculation of a prison term and the constitutionality of that process, was the subject of a “settlement.”  The court found that the resolution potentially favored a large class of persons. On this basis, the court concluded that the prisoner was entitled to attorney fees because the settlement conferred a benefit as defined by the statute. The amount of fees requested, however, was found to be excessive and unreasonable, and the court ordered the parties to meet and confer to determine whether a settlement could be reached as to that issue as well.