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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