Is Zion II entitled to attorney fees and costs incurred on appeal?

California, United States of America


The following excerpt is from Investments v. Stingl, B279577, B284250 (Cal. App. 2018):

Both sides have requested attorney fees on appeal. "Statutory authorization for the recovery of attorney fees incurred at trial necessarily includes attorney fees incurred on appeal unless the statute specifically provides otherwise." (Akins v. Enterprise Rent-A-Car Co. (2000) 79 Cal.App.4th 1127, 1134.) Because section 1717 does not provide otherwise, Zion II is entitled to its attorney fees and costs incurred on appeal, and we accordingly grant its motion for those fees. "Although we have the power to appraise and fix attorney fees on appeal, we deem it the better practice to remand the cause to the trial court to determine the appropriate amount of such fees." (Ibid.)

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