Planned Parenthood v. Aakhus

In Planned Parenthood v. Aakhus (1993) 14 Cal.App.4th 162, the trial court awarded Planned Parenthood attorneys' fees it incurred obtaining a permanent injunction against anti-abortion protesters who were interfering with the access of female patients and clients to the clinic. The court of appeal upheld the award. It rejected the protesters' contention that the action enforced only private property rights, noting that the complaint was also expressly brought on behalf of Planned Parenthood's clients to prevent irreparable injury arising from the protester's obstruction of clients' attempts to exercise their fundamental state constitutional right. (Id. at p. 171.) It further concluded that although this right "by nature is individual . . . enforcement benefits the entire public." (Ibid.) Finally, although Planned Parenthood had a business incentive for bringing the action, "this does not mean that the effects of Planned Parenthood's suit should be interpreted solely as a private success story. The interests of Planned Parenthood and its clients, rendering and receiving reproductive medical care, are mutual and inseparable. This action was brought to protect both respondent and its patrons; consequently, it cannot be exclusively characterized as a self-serving private dispute commenced by respondent to protect its own pocketbook." (Id. at p. 173.)