Can a plaintiff recover expert witness fees as part of its attorney fees?

California, United States of America


The following excerpt is from Benson v. Kwikset Corp., 126 Cal.App.4th 887, 24 Cal.Rptr.3d 683 (Cal. App. 2005):

costs could recover expert witness fees, plus photocopying, messenger, express mail, telephone, and travel expenses, as part of its attorney fees. "We conclude that where a contract provides for payment of costs and attorneys fees, the court may allow disbursements of counsel as attorney fees under section 1033.5, subdivision (a)(10) [allowable costs include attorney fees authorized by contract, statute, or law], if they represent expenses ordinarily billed to a client and are not included in the overhead component of counsels hourly rate." (Bussey v. Affleck, supra, 225 Cal. App.3d at p. 1166, 275 Cal.Rptr. 646.)

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