In what circumstances will the court remand a motion for attorney fees be considered reasonable and necessary?

California, United States of America


The following excerpt is from Buechler v. Butker, G058054 (Cal. App. 2020):

the sound discretion of the trial court." (Cortez v. Bootsma (1994) 27 Cal.App.4th 935, 938.) Here, the court did not exercise that discretion. Appellants contend their contempt motion, though denied, was successful in prompting defendants to comply with the judgment. Whether that rendered the fees incurred in the contempt motion reasonable and necessary is something the trial court should address in the first instance. Accordingly, we will remand with instructions to reconsider appellants' attorney fee motion in light of the requirement that the fees incurred be reasonable and necessary.

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