What are the implications of a final judgment against a Defendant for failing to pay attorney fees and attorney fees?

California, United States of America


The following excerpt is from Mountain View Union High School Dist. of Santa Clara County v. Ormonde, 15 Cal.Rptr. 461, 195 Cal.App.2d 89 (Cal. App. 1961):

Costs, in the usual sense of the word, may be allowed or apportioned in the discretion of the trial court (Code Civ.Proc. 1255). However, to allow attorneys' fees and necessary expenses in preparing for trial, there must be a voluntary abandonment of the proceedings by the condemner (Code Civ.Proc. 1255a.) The code section recognizes that the abandonment may be either express or implied. It has been suggested that the only implication allowed by the statute is that flowing from failure of the condemner to pay an award within 30 days after final judgment (City of Los Angeles v. Hannon, 79 Cal.App. 669, 676, 251 P. 247.) The better and later view, however, is that the section is not so restrictive (see City of Los Angeles v. Abbott, 217 Cal. 184, 197, 17 P.2d 993.)

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