Can a court award attorney's fees as a form of cost?

California, United States of America


The following excerpt is from Behshid v. Petros, B236530 (Cal. App. 2012):

Code of Civil Procedure sections 1032 and 1033.5 authorize a trial court to award attorney's fees as a form of costs if the parties have entered into a contractual provision that permits such an award. Section 1032, subdivision (b) states that "a prevailing party" is "entitled as a matter of right to recover costs in any action or proceeding." Section 1033.5, subdivision (a)(10), in turn, "provides . . . that attorney fees are 'allowable as costs under Section 1032' when they are 'authorized by' either 'Contract,' 'Statute,' or 'Law.' Thus, recoverable litigation costs do include attorney fees, but only when the party entitled to costs has a [contractually based right or other] legal basis, independent of the cost statutes." (Santisas v. Goodin (1998) 17 Cal.4th 599, 606-607 (Santisas).)

Other Questions


Does a court have jurisdiction to award costs and attorney fees in a personal injury action where the substantive demand is within the jurisdiction of a municipal court? (California, United States of America)
In what circumstances will a court grant an award of costs and fees for the untimely filing of a cost memorandum and motion for attorney fees? (California, United States of America)
Is a plaintiff entitled to an award of attorney fees and costs for the appeal against the award of sanctions under section 128.7 of the anti-SLAPP statute? (California, United States of America)
In what circumstances will a court award attorney fees to a plaintiff in a personal injury action where the award was significantly reduced from the original request? (California, United States of America)
What is the test for a court to award attorney's fees and costs in a dissolution proceeding? (California, United States of America)
Is a client's attorney required to repay all moneys laid out by the attorney to the attorney before the client can make a claim against the attorney? (California, United States of America)
How have courts treated attorney fees in costs under the California Court of Appeal? (California, United States of America)
When will a court award attorney fees and costs under the anti-SLAPP statute? (California, United States of America)
When will a section 1021.5 attorney fee award be awarded by the California Court of Appeal Division? (California, United States of America)
Are attorney fees incurred in the enforcement of an anti-SLAPP attorney fee award recoverable costs? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.