Serrano v. Priest

20 Cal.3d 25 (1977)

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Nature of the Case

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Facts

A suit was instituted over the California public school financing system, and final judgment was entered. P's attorneys made motions to the court for an award of reasonable attorney fees against D, the State Treasurer, the state Superintendent of Public Instruction, and the State Controller. The motions for attorney fees were not based on statutes but instead addressed the equitable powers of the court. The court awarded $800,000 in fees under the private attorney general theory. D contends that the award of attorney fees was improper. P contends that the court should have awarded fees under the common fund and substantial benefit theory.