California, United States of America
The following excerpt is from Brumbaugh v. City of Torrance, B202117 (Cal. App. 9/16/2008), B202117 (Cal. App. 2008):
Appellant contends that he was entitled to an award of attorney fees under both federal and state law. He incorrectly asserts that we must conduct a de novo review of the trial court's denial of his motion. As explained in City of Santa Monica v. Stewart (2005) 126 Cal.App.4th 43, 82: "Decisions awarding or denying attorneys' fees are reviewed under an abuse of discretion standard. The trial court's discretion `"`is not a whimsical, uncontrolled power, but a legal discretion, which is subject to the limitations of legal principles governing the subject of its action, and to reversal on appeal where no reasonable basis for the action is shown. [Citations.]'"' [Citation.] The discretion is subject to the limitations of the legal principles governing the subject of the action."
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