Is a plaintiff entitled to reasonable attorney fees for bringing a costs of proof motion?

California, United States of America


The following excerpt is from Fuller v. Campos, B296403 (Cal. App. 2020):

4. Boyfriend requests that we also award him reasonable attorney fees on appeal. While "[a] statute authorizing an attorney fee award at the trial court level includes appellate attorney fees unless the statute specifically provides otherwise" (Evans v. Unkow (1995) 38 Cal.App.4th 1490, 1499), Code of Civil Procedure section 2033.420 does not authorize an award of fees incurred in connection with bringing the costs-of-proof motion (as opposed to authorizing an award of the costs of proof themselves). Thus, boyfriend failed to identify a basis for recovery of attorney fees on appeal.

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