Private Attorney General Fees May Be Recovered When Incurred In An Administrative Proceeding.

If certain specified conditions are met, Code of Civil Procedure section 1021.5 provides for an award of attorney fees “in an action which has resulted in the enforcement of an important right affecting the public interest.” In Edna Valley Watch v. County of San Luis Obispo (Cal. App. Second Dist., Div. 6; August 2, 2011) (As Mod. September 1, 2011) 197 Cal.App.4th 1312, [129 Cal.Rptr.3d 249; 2011 DJDAR 11641], the Court of Appeal held that the phrase “in an action” does not require that the proceedings takes place in court. Fees may be awarded if the conditions of the statute are met for attorney services performed in connection with an administrative proceeding.