Is there any case law in which attorney's fees and costs were awarded on appeal?

The construction above suggested is not inconsistent with the recent case of Morgan v. Reasor Corp. (1968) 69 A.C. 919, 73 Cal.Rptr. 398, 447 P.2d 638. In that case there was a controversy among the parties to the declaratory relief action, and the court merely awarded attorney's fees and costs to the prevailing party and against the losing parties.

One additional point is deserving of comment. On appeal the respondent states in his brief that the appellant did not give notice to respondent of the assignment of the contract as provided for in Civil Code Section 2983.5. This issue was not raised by the pleadings and there is no indication in the [270 Cal.App.2d Supp. 918] record that it was considered by the trial court. It is well settled that statements of alleged fact in the briefs on appeal which are not contained in the record and were never called to the attention of the trial court will be disregarded on appeal. (Knapp v. City of Newport Beach (1960) 186 Cal.App.2d 669, 679, 9 Cal.Rptr. 90.)