Is a trial judge entitled to an award of attorney fees in a personal injury action?

California, United States of America


The following excerpt is from Seahaus La Jolla Owners Ass'n v. Gao, D071229 (Cal. App. 2018):

[Citation.] ' "Trial judges are entrusted with this discretionary determination because they are in the best position to assess the value of the professional services rendered in their courts." ' [Citation.] Hence, the fee award ' "will not be disturbed unless the appellate court is convinced that it is clearly wrong." ' [Citation.] Indulging all inferences in favor of the trial court's order, as we are required to do, we presume the trial court's attorney fees award is correct . . . ." (McKenzie v. Ford Motor Co. (2015) 238 Cal.App.4th 695, 703-704.)

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