California, United States of America
The following excerpt is from Orien v. Lutz, 16 Cal.App.5th 957, 224 Cal.Rptr.3d 736 (Cal. App. 2017):
Code of Civil Procedure section 874.04010 provides that "the court shall apportion the costs of partition among the parties in proportion to their interests or make such other apportionment as may be equitable." These costs include "[r]easonable attorney's fees incurred or paid by a party for the common benefit." ( 874.010, subd. (a).) We review the trial court's orders regarding attorney fees for abuse of discretion, and its "decision will only be disturbed when there is no substantial evidence to support the trial court's findings or when there has been a miscarriage of justice." ( Finney v. Gomez (2003) 111 Cal.App.4th 527, 545, 3 Cal.Rptr.3d 604 ( Finney ).)
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