Can a judge award attorney's fees for paralegal fees in a personal injury action?

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):

An award of attorney's fees is within the trial court's discretion and that decision will be reversed only if there has been a prejudicial abuse of discretion. (Baggett v. Gates (1982) 32 Cal.3d 128, 142-143, 185 Cal.Rptr. 232, 649 P.2d 874.) In this case, however, it appears that the trial court determined that the attorney fees insofar as they included paralegal fees could not be awarded as a matter of law based on its interpretation of section 411.35, subdivision (h). Unfortunately, the court did not state its reasoning in arriving at that conclusion.

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