What is the test for determining attorney fees for responding to an appeal?

California, United States of America

The following excerpt is from Save Stanislaus Area Farm Economy v. Board of Supervisors, 13 Cal.App.4th 141, 16 Cal.Rptr.2d 408 (Cal. App. 1993):

Pursuant to Code of Civil Procedure section 1021.5, the trial court has discretion to award attorney fees within the criteria of that section. (City of Sacramento v. Drew (1989) 207 Cal.App.3d 1287, 255 Cal.Rptr. 704.) Such an award requires certain factual determinations to be made by the trial court. Here, should the trial court decide to award attorney fees, the award of fees for responding to this appeal naturally follows; we leave the appraisal and fixing of any attorney fees to the trial court. (See Schoolcraft v. Ross (1978) 81 Cal.App.3d 75, 82, 146 Cal.Rptr. 57.)

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