What is the test for an award for abuse of attorney fees?

California, United States of America


The following excerpt is from Horsford v. Board of Trustees of California State University, F051782 (Cal. App. 9/4/2008), F051782 (Cal. App. 2008):

On appeal, we review the trial court's fee award for abuse of discretion. If the trial court has applied the correct legal standards, we determine only whether the trial court's action "`falls within the permissible range of options set by the legal criteria.'" (Robbins v. Alibrandi (2005) 127 Cal.App.4th 438, 452.) In such circumstances, "[t]he only proper basis of reversal of the amount of an attorney fees award is if the amount awarded is so large or small that it shocks the conscience and suggests that passion and prejudice influenced the determination." (Akins v. Enterprise Rent-A-Car Co. (2000) 79 Cal.App.4th 1127, 1134.)

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