Are attorney's fees recoverable under section 1021.35 of the California Civil Code?

California, United States of America


The following excerpt is from Guinn v. Dotson, 23 Cal.App.4th 262, 28 Cal.Rptr.2d 409 (Cal. App. 1994):

In Serrano v. Unruh (1982) 32 Cal.3d 621, 624, 186 Cal.Rptr. 754, 652 P.2d 985, the court held that attorney's fees recoverable under section 1021.5 include compensation for time spent to establish and defend the fee claim. "Thus the doctrine will often be frustrated, sometimes nullified, if awards are diluted or dissipated by lengthy, uncompensated proceedings to fix or defend a rightful fee claim." (Id., at p. 632, 186 Cal.Rptr. 754, 652 P.2d 985.)

Section 411.35 has the purpose of discouraging frivolous professional negligence suits against registered civil engineers.

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