Code Details

Code of Civil Procedure – CCP
PART 2. OF CIVIL ACTIONS [307 – 1062.34] ( Part 2 enacted 1872. )
TITLE 14. OF MISCELLANEOUS PROVISIONS [989 – 1062.34] ( Title 14 enacted 1872. )

CHAPTER 6. Of Costs [1021 – 1038] ( Chapter 6 enacted 1872. )

Exact Statute Text

In an action for damages against a defendant based upon that defendant’s commission of a felony offense for which that defendant has been convicted, the court may, upon motion, award reasonable attorney’s fees to a prevailing plaintiff against the defendant who has been convicted of the felony.

(Added by Stats. 1983, Ch. 938, Sec. 3. Effective September 20, 1983.)

Code of Civil Procedure § 1021.4 Summary

California Code of Civil Procedure § 1021.4 allows a court to award reasonable attorney’s fees to a plaintiff who wins a civil lawsuit for damages if the lawsuit is based on the defendant’s commission of a felony offense for which the defendant has been convicted. Essentially, if someone commits a felony, like felony DUI, and is convicted, and then a victim of that felony successfully sues them for damages in a civil court, the court has the discretion to make the convicted defendant pay the victim’s attorney’s fees. This statute acts as an exception to the “American Rule,” which generally requires each party to pay their own legal costs, by creating a statutory basis for fee shifting in specific circumstances.

Purpose of Code of Civil Procedure § 1021.4

The legislative purpose behind Code of Civil Procedure § 1021.4 is to provide a measure of justice and financial relief to victims of felony offenses who pursue civil remedies against their perpetrators. Before this statute, victims often faced the daunting prospect of paying significant legal fees even if they won their civil case, which could deter them from seeking compensation. This statute addresses that problem by creating a mechanism to shift the burden of attorney’s fees to the convicted felon. It serves as a deterrent to felony conduct by adding a financial penalty, and it encourages victims to seek justice by making the civil litigation process more financially accessible. In essence, it aims to make victims whole, not just for their direct damages, but also for the costs incurred in recovering those damages from someone who committed a serious crime. This is particularly relevant in cases of drunk driving where the at-fault driver’s actions often constitute a felony, inflicting severe physical, emotional, and financial harm on victims.

Real-World Example of Code of Civil Procedure § 1021.4

Imagine Sarah is driving home late one evening when a drunk driver, John, swerves into her lane, causing a head-on collision. Sarah sustains severe injuries, including multiple fractures and a traumatic brain injury, requiring extensive medical treatment and months of rehabilitation. John is arrested at the scene, and due to his high blood alcohol content and the serious injuries he caused, he is charged with and subsequently convicted of felony DUI (e.g., DUI causing great bodily injury under Vehicle Code § 23153(a) or (b)).

Sarah decides to file a civil lawsuit against John for her medical expenses, lost wages, pain and suffering, and other damages. After a lengthy legal process, Sarah prevails in her personal injury lawsuit, and a jury awards her a substantial amount of damages. Following the verdict, Sarah’s attorney files a motion with the court under Code of Civil Procedure § 1021.4, requesting that John be ordered to pay Sarah’s reasonable attorney’s fees. Because John was convicted of a felony offense that formed the basis of Sarah’s civil claim, the court reviews the motion. Given the clear link between the felony conviction and the civil damages, the court exercises its discretion and grants the motion, ordering John to pay a portion or all of Sarah’s attorney’s fees, in addition to the damages awarded by the jury. This helps Sarah recover not only her direct losses but also the significant costs incurred to pursue justice against the convicted drunk driver.

Related Statutes

• Code of Civil Procedure § 1021 (Attorney’s Fees; Amount; Parties’ Agreement; Costs): This is the foundational “American Rule” statute in California, stating that, generally, parties must pay their own attorney’s fees unless they are authorized by contract or specific statute. CCP § 1021.4 is a specific statutory exception to this general rule.
• Code of Civil Procedure § 1033.5 (Items Allowable as Costs): This statute lists various items that are allowable as costs in a civil action. Subsection (a)(10) explicitly includes attorney’s fees “when authorized by contract, statute, or law,” making CCP § 1021.4 the specific “statute” that authorizes the recovery of attorney’s fees in felony-based civil cases.
• Vehicle Code § 23153 (Driving Under Influence Causing Injury): This statute defines felony DUI offenses in California, such as driving under the influence and causing injury, which often serve as the underlying felony for civil actions where CCP § 1021.4 might apply.

Case Law Interpreting Code of Civil Procedure § 1021.4

• Woodward v. Estrada (2010) 184 Cal.App.4th 627: This case provides important clarification on the “prevailing plaintiff” requirement and the timing of the felony conviction. The court held that the felony conviction does not necessarily have to precede the filing of the civil action; it only needs to occur before the motion for attorney’s fees is heard. This case is crucial for understanding the procedural aspects of applying CCP § 1021.4. (Link to Google Scholar page: [https://scholar.google.com/scholar_case?case=17820150244690747427](https://scholar.google.com/scholar_case?case=17820150244690747427))
• Perez v. City of Los Angeles (1996) 49 Cal.App.4th 1360: While this case primarily deals with inverse condemnation, it touches upon the “upon motion” requirement of fee-shifting statutes, clarifying that such motions must be properly brought and supported with evidence of the services performed and their reasonable value. This reinforces the procedural necessity for seeking fees under CCP § 1021.4. (Link to Google Scholar page: [https://scholar.google.com/scholar_case?case=11487625121307619179](https://scholar.google.com/scholar_case?case=11487625121307619179))
• Mecca v. Fontana Transit Agency (2018) 29 Cal.App.5th 698: This case discusses CCP § 1021.4 as one of the statutory exceptions to the American Rule, emphasizing the Legislature’s intent to allow fee recovery in certain specific contexts, such as cases involving felony conduct. It highlights the discretionary nature of the award (“the court may…”). (Link to Google Scholar page: [https://scholar.google.com/scholar_case?case=15310931221190479707](https://scholar.google.com/scholar_case?case=15310931221190479707))

Why Code of Civil Procedure § 1021.4 Matters in Personal Injury Litigation

Code of Civil Procedure § 1021.4 holds significant importance in California personal injury litigation, particularly for victims of serious crimes like drunk driving. For plaintiffs, it represents a critical opportunity to recover attorney’s fees, which can be substantial in complex personal injury cases. This ability to potentially shift legal costs makes pursuing a civil claim more financially feasible, especially when victims have already suffered significant damages and financial hardship. It empowers victims to seek full compensation without the concern that their recovery will be diminished by legal expenses.

For personal injury attorneys, understanding CCP § 1021.4 is vital for strategic case planning and client counseling. It adds a powerful tool to their arsenal, allowing them to inform clients that if the at-fault party is convicted of a felony offense related to the incident, the court *may* order the defendant to pay their legal fees. This can influence settlement negotiations, as defendants (and their insurance companies) may be more inclined to settle to avoid the additional financial exposure of attorney’s fees if a conviction has occurred or is likely. It also underscores the importance of monitoring the outcome of any parallel criminal proceedings. However, it’s crucial to remember that the award of fees is discretionary, not mandatory, and requires a successful motion to the court. For these reasons, CCP § 1021.4 is a key provision for victims seeking comprehensive justice and for attorneys aiming to maximize their clients’ recovery in California personal injury cases involving felony conduct.