Is a plaintiff's attorney fees recoverable as an item of costs under section 1033.5 of the California Code of Civil Procedure?
California, United States of America
The following excerpt is from Otay River Constructors v. San Diego, 158 Cal.App.4th 796, 70 Cal.Rptr.3d 434 (Cal. App. 2008):
1021) of Title 14 of Part 2 of this code." (Italics added.) Section 1033.5, part of Chapter 6 of the Code of Civil Procedure, provides that attorney fees authorized by contract are recoverable as an item of costs. ( 1033.5, subd. (a)(10)(A); Santisas v. Goodin (1998) 17 Cal.4th 599, 606, 71 Cal.Rptr.2d 830, 951 P.2d 399.) A petition to compel arbitration under section 1281.2 is a judicial proceeding covered by this provision.
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