What is the test for a plaintiff to successfully challenge the imposition of attorney's fees?

California, United States of America


The following excerpt is from People v. Baxter, B234996 (Cal. App. 2013):

Implied in the trial court's imposition of attorney's fees is a finding that defendant had the ability to pay such fees. ( 987.8, subds. (b) & (e).) Defendant's assertion that the record reflects an inability on her part to pay the attorney's fees is a challenge to the sufficiency of the evidence supporting the court's implied finding. No objection is required below to preserve such a challenge on appeal. (People v. Lopez (2005) 129 Cal.App.4th 1508, 1537; accord, People v. Rodriquez (1998) 17 Cal.4th 253, 262.)

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