§ 1021.11.Attorney's Fees and Costs of Prevailing Party to Be Paid

Title 14. Of Miscellaneous Provisions · Chapter 6. Of Costs · Enacted 2022 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 1021.11 makes any person or law firm that seeks to block enforcement of a California firearm law jointly and severally liable for the prevailing party's attorney's fees and costs, defines when the opposing side counts as prevailing, and lets that party sue separately for fees within three years even without seeking fees in the underlying case.

Full Text of § 1021.11

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

(a) Notwithstanding any other law, any person, including an entity, attorney, or law firm, who seeks declaratory or injunctive relief to prevent this state, a political subdivision, a governmental entity or public official in this state, or a person in this state from enforcing any statute, ordinance, rule, regulation, or any other type of law that regulates or restricts firearms, or that represents any litigant seeking that relief, is jointly and severally liable to pay the attorney's fees and costs of the prevailing party.

(b) For purposes of this section, a party is considered a prevailing party if a court does either of the following:

(1) Dismisses any claim or cause of action brought by the party seeking the declaratory or injunctive relief described by subdivision (a), regardless of the reason for the dismissal.

(2) Enters judgment in favor of the party opposing the declaratory or injunctive relief described by subdivision (a), on any claim or cause of action.

(c) Regardless of whether a prevailing party sought to recover attorney's fees or costs in the underlying action, a prevailing party under this section may bring a civil action to recover attorney's fees and costs against a person, including an entity, attorney, or law firm, that sought declaratory or injunctive relief described by subdivision (a) not later than the third anniversary of the date on which, as applicable:

(1) The dismissal or judgment described by subdivision (b) becomes final upon the conclusion of appellate review.

(2) The time for seeking appellate review expires.

(d) None of the following are a defense to an action brought under subdivision (c):

(1) A prevailing party under this section failed to seek recovery of attorney's fees or costs in the underlying action.

(2) The court in the underlying action declined to recognize or enforce the requirements of this section.

(3) The court in the underlying action held that any provision of this section is invalid, unconstitutional, or preempted by federal law, notwithstanding the doctrines of issue or claim preclusion.

(e) Any person, including an entity, attorney, or law firm, who seeks declaratory or injunctive relief as described in subdivision (a), shall not be deemed a prevailing party under this section or any other provision of this chapter.

End

Plain-English Summary

Section 1021.11 is a one-directional fee-shifting statute aimed at litigation challenging California firearm laws. Anyone -- including an entity, attorney, or law firm -- who seeks declaratory or injunctive relief to stop the state, a political subdivision, a governmental entity, or a public official from enforcing a firearm-related statute, ordinance, rule, or regulation is made jointly and severally liable for the prevailing party's attorney's fees and costs. The same liability reaches anyone who represents that litigant.

A party prevails for purposes of this section if the court dismisses the firearm challenger's claim for any reason, or enters judgment for the side defending the firearm law on any claim. Subdivision (e) makes the asymmetry explicit: the person who sought to block the firearm law can never be deemed a prevailing party under this section, no matter how the case comes out.

The prevailing party doesn't have to seek fees in the original case to preserve the right to collect them. Subdivision (c) lets that party bring a separate civil action for fees and costs within three years of the dismissal or judgment becoming final on appeal, or of the time for appeal expiring. Subdivision (d) closes off several defenses to that later suit, including that fees weren't sought earlier, that the trial court declined to enforce this section, or that the trial court found any part of it invalid or preempted.

Frequently Asked Questions

Who can be liable for fees under Section 1021.11?

Any person, entity, attorney, or law firm that seeks declaratory or injunctive relief to prevent California or a governmental entity from enforcing a firearm-related law, or that represents someone seeking that relief.

When does the opposing side count as a prevailing party under this section?

When the court dismisses the firearm challenger's claim, for any reason, or enters judgment in favor of the party defending the firearm law on any claim.

Can the person who sought to block the firearm law ever recover fees under this section?

No. Subdivision (e) says that person is never deemed a prevailing party under this section or any other provision of this chapter.

Does a prevailing party have to ask for fees in the original lawsuit?

No. Section 1021.11(c) lets the prevailing party bring a separate civil action for fees and costs within three years of the case becoming final, even without seeking fees in the underlying action.

Can the losing side avoid paying fees by arguing this statute is invalid?

Subdivision (d) bars that defense in a separate fee action, along with arguing that the trial court declined to enforce the section or found it unconstitutional or preempted.

Amendment History

Added by Stats 2022 ch 146 (SB 1327),s 2, eff. 1/1/2023.

Source & verification. Section text is reproduced verbatim from the California Legislative Information. Enacted by the California Legislature. Last verified July 28, 2026. · Official source

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