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§ 1021.8.Costs of Investigating and Prosecuting Certain Actions Awarded to Attorney General

Title 14. Of Miscellaneous Provisions · Chapter 6. Of Costs · Last amended 2023 · Last verified July 28, 2026

In one sentenceSection 1021.8 requires courts to award the Attorney General all costs of investigating and prosecuting an action, including expert fees and reasonable attorney's fees, whenever the Attorney General prevails in enforcing any of a long list of consumer protection, securities, environmental, and public resources statutes.

Full Text of § 1021.8

Text sizeJump to: (a) (b) (c)

(a) Whenever the Attorney General prevails in a civil action to enforce Section 17537.3, 22445, 22446.5, 22958, 22962, or 22963 of the Business and Professions Code, Section 52, 52.1, 55.1, or 3494 of the Civil Code, the Corporate Securities Law of 1968 (Division 1 (commencing with Section 25000) of Title 4 of the Corporations Code) or the California Commodity Law of 1990 (Division 4.5 (commencing with Section 29500) of Title 4 of the Corporations Code), Section 1615, 2014, or 5650.1 of the Fish and Game Code, Section 4458, 12598, 12606, 12607, 12989.3, 16147, 66640, 66641, or 66641.7 of the Government Code, Section 13009, 13009.1, 19958.5, 25299, 39674, 41513, 42402, 42402.1, 42402.2, 42402.3, 42402.4, 43016, 43017, 43154, 104557, or 118950 of the Health and Safety Code, Section 308.1 or 308.3 of the Penal Code, Section 2774.1, 4601.1, 4603, 4605, 30820, 30821.6, 30822, 42847, or 48023 of the Public Resources Code, Section 30101.7 of the Revenue and Taxation Code, or Section 275, 1052, 1845, 13261, 13262, 13264, 13265, 13268, 13304, 13331, 13350, or 13385, or Part 1 (commencing with Section 6000) of Division 3, of the Water Code, the court shall award to the Attorney General all costs of investigating and prosecuting the action, including expert fees, reasonable attorney's fees, and costs. Awards under this section shall be paid to the Public Rights Law Enforcement Special Fund established by Section 12530 of the Government Code.
(b) This section applies to any action pending on the effective date of this section and to any action filed thereafter.
(c) The amendments made to this section by Chapter 227 of the Statutes of 2004 shall apply to any action pending on the effective date of these amendments and to any action filed thereafter.

Plain-English Summary

This section is a mandatory fee-shifting statute for one litigant only: the Attorney General. It lists a lengthy set of statutes -- reaching consumer protection, unfair competition, civil rights, securities and commodities regulation, fish and game, government transparency, public health, water quality, and public resources law, among others -- and says that whenever the Attorney General prevails in a civil action to enforce any of them, the court "shall" award all costs of investigating and prosecuting the action.

That award is broader than an ordinary costs award. It covers expert fees and reasonable attorney's fees as well as the investigation and prosecution costs the Attorney General's office incurred building the case, not just the litigation costs listed in § 1033.5.

The money doesn't go into the general fund. Awards under this section are paid to the Public Rights Law Enforcement Special Fund, a dedicated account established by Government Code § 12530, which lets successful enforcement actions help fund future ones.

Frequently Asked Questions

Is a fee award to the Attorney General under Section 1021.8 discretionary?

No. The statute directs that the court "shall" award all costs of investigating and prosecuting the action once the Attorney General prevails on a qualifying claim.

What does the fee award under this section cover?

All costs of investigating and prosecuting the action, including expert fees and reasonable attorney's fees.

Where does the money awarded under Section 1021.8 go?

To the Public Rights Law Enforcement Special Fund established by Government Code § 12530, not to the state's general fund.

Does this section apply to private plaintiffs enforcing the same statutes?

No. Section 1021.8 is limited to actions where the Attorney General prevails.

Amendment History

Amended by Stats 2023 ch 51 (SB 122),s 3, eff. 7/10/2023. Amended by Stats 2006 ch 538 (SB 1852),s 65, eff. 1/1/2007. Amended by Stats 2004 ch 702 (AB 2104),s 1, eff. 9/23/2004. Amended by Stats 2004 ch 227 (SB 1102),s 12, eff. 8/16/2004. Added by Stats 2003 ch 159 (AB 1759), eff. 8/2/2003.

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 28, 2026. · Official source
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