What is the test for making an award of attorney's fees under appeal?
California, United States of America
The following excerpt is from Prieto v. Rivero, 157 Cal.Rptr. 40, 95 Cal.App.3d 275 (Cal. App. 1979):
The trial court erred in making the attorney's fees award under appeal. It is true that Code of Civil Procedure section 473 provides, in effect, that the court may condition the relief it grants under the section "upon such terms as may be just" and that such terms may quite properly include an award of attorney's fees to the inconvenienced party. (See Daley v. County of Butte (1964) 227 Cal.App.2d 380, 395-396,
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