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(10.39) Can I ask for attorney fees for my superior court case?

(10.39) Can I ask for attorney fees for my superior court case?

Attorney fees are where the court agrees your lawyer should get paid by the other side. No one has ever asked the court to award lawyer’s fees for an appeal of an administrative hearing in a regional center matter. But, there are three situations where Disability Rights California believes you have the right to lawyer’s fees:

  • If your case involves rights under the Medi-Cal Waiver, you can ask for lawyer’s fees under Welf. & Inst. Code § 10962.
  • If your claims were about a violation of your federal right to due process and the regional center acts on behalf of the state (“state actor” for purposes of 42 U.S.C. § 1983), you can ask for lawyer’s fees under 42 U.S.C. § 1988.
  • If you go to court to get the regional center and state to comply with a fair hearing decision, you can ask for lawyer’s fees under 42 U.S.C. § 1983 and 42 U.S.C. § 1988.