Unfortunately, the Governor vetoed SB 1113 (Migden) on Tuesday, September 30. This bill would have overturned the California Supreme Court’s Olson decision, which eliminated the discretion of courts to award expert-witness fees when a party prevails in an action enforcing an important right affecting the public interest.

The Governor’s veto message was as follows: "I am returning Senate Bill 1113 without my signature. This bill would significantly expand the cost recovery for successful plaintiffs under the private attorney general statute to include the recovery of costs and expert witness fees. Broadening already substantial awards could encourage more unfounded litigation and exponentially increase liability in potentially unjustifiable situations. During a year where the economy is struggling to get back on its feet, the effects could be devastating. For these reasons, I am returning this bill without my signature."