Are attorney fees recoverable under statutory authorization deemed an element of costs?

California, United States of America


The following excerpt is from Santisas v. Goodin, 39 Cal.App.4th 128, 45 Cal.Rptr.2d 877 (Cal. App. 1995):

"A defendant has the right to seek costs after dismissal of the complaint, and attorney fees recoverable under statutory authorization are deemed an element of costs. [Citations.]" (Adler v. Vaicius (1993) 21 Cal.App.4th 1770, 1776-1777, 27 Cal.Rptr.2d 32.) Code of Civil Procedure section 1033.5, subdivision (a)(10)(A) provides that attorney fees when "authorized by [43 Cal.App.4th 163] ... [p] [c]ontract" fall within the category of allowable costs under Code of Civil Procedure section 1032. 2

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