United States District Court Southern District of California Case No. 22-cv-1461-BEN (JLB)
December 19, 2022
“The provisions of the Constitution are not time-worn adages or hollow shibboleths.” Trop v. Dulles, 356 U.S. 86, 103–04 (1958). Section 1021.11 is set to go into effect on January 1, 2023. The Court declares California Civil Code § 1021.11 to be unconstitutional and permanently enjoins the Defendants from bringing any action or motion under § 1021.11 to obtain an award of attorney’s fees and costs.
THEREFORE IT IS HEREBY ORDERED that:
Defendant Attorney General Rob Bonta and Intervenor-Defendant Governor Gavin Newsom, and their officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with them, and those who gain knowledge of this injunction order or know of the existence of this injunction order, are enjoined from implementing or enforcing California Code of Civil Procedure § 1021.11, as enacted by S.B. 1327.
IT IS SO ORDERED.Roger T. Benitez, United States District Judge