California, United States of America
The following excerpt is from Escandari v. U.S. Bank N.A., F075830 (Cal. App. 2020):
In some circumstances, recoverable litigation costs include attorney fees incurred during litigation. Code of Civil Procedure section 1033.5, subdivision (a)(10), provides that attorney fees are "'allowable as costs under [Code of Civil Procedure] Section 1032'" when they are "'authorized by'" contract. (Santisas v. Goodin (1998) 17 Cal.4th 599, 606.) Appellant does not point to any specific provision in the deed of trust that provides for attorney fees. Moreover, the trial court properly sustained respondents' demurrer to all claims from which attorney fees could possibly stem. The trial court's decision to strike the prayer for attorney fees was not error.
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