Can a trial court apportion liability for attorney fees among non-prevailing parties?

California, United States of America


The following excerpt is from Sinclair v. Katakis, F060497 (Cal. App. 2013):

Appellants cite authority for the proposition that the trial court may, in its discretion, apportion liability for attorney fees among the nonprevailing parties. But none of the cases cited compel the trial court to do so. For example, in Sundance v. Municipal Court (1987) 192 Cal.App.3d 268, 272, the court noted that while the county defendants were responsible for fewer of the abuses remedied by the litigation, the county actively opposed the litigation and thus generated the expenses compensated by the award of attorney fees. Therefore, the trial court did not abuse its equitable powers by imposing attorney fees jointly and severally on all appellants.

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