How is an award for attorney fees reviewed for abuse of discretion?
California, United States of America
The following excerpt is from Save Westwood Vill. v. Luskin, B257354 (Cal. App. 2015):
A trial court's ruling on the propriety and amount of an attorney fee award is reviewed for abuse of discretion. (Ketchum v. Moses (2001) 24 Cal.4th 1122, 1134.)
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Under the deferential abuse of discretion standard, "the trial court's fee determination '"'will not be disturbed unless the appellate court is convinced that it is clearly wrong.'"' [Citation.]" (Christian Research Institute v. Alnor (2008) 165 Cal.App.4th 1315, 1322.) In reviewing the trial court's fee determination, the following appellate principles also apply: "'The judgment of the trial court is presumed correct; all intendments and presumptions are indulged to support the judgment; conflicts in the declarations must be resolved in favor of the prevailing party, and the trial court's resolution of any factual disputes arising from the evidence is conclusive.' [Citation.]" (Ibid.)
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