What is the test for awarding attorneys' fees in a civil matter?

California, United States of America


The following excerpt is from Samax Dev., LLC v. Century Cmty. Lending Co., B257652 (Cal. App. 2016):

(Connerly v. State Personnel Board (2006) 37 Cal.4th 1169, 1175.) Where, as here, the material facts relevant to the award of attorneys' fees are undisputed and the issue is whether the prevailing party is entitled to attorneys' fees under Civil Code section 1717, the issue is a question of law we review de novo. (See id. at p. 1176; see Morgan v. Imperial Irrigation District (2014) 223 Cal.App.4th 892, 929 ["[w]here the material facts are undisputed, and the question is how to apply statutory language to a given factual and procedural context, the reviewing court applies a de novo standard of review to the legal determinations made by the trial court"].)

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