What is the test for reducing a trial court's attorney's fee award for unnecessary, unreasonable litigation?

California, United States of America


The following excerpt is from Thornborrow v. Thornborrow (In re Thornborrow), A145014 (Cal. App. 2017):

that it found both parties spent too much time and expense litigating the issue.11 In other words, the court found much of the litigation and attorney work was unnecessary and unreasonable. It was within the trial court's discretion to reduce the attorney's fee award on this basis. (See Ketchum v. Moses (2001) 24 Cal.4th 1122, 1137 ["attorney fees may be awarded only for hours reasonably spent", thus discouraging unnecessary or frivolous litigation]; Press v. Lucky Stores, Inc. (1983) 34 Cal.3d 311, 322 ["Ultimately, the trial judge has discretion to determine 'the value of professional services rendered in his [or her] court . . . .' "].)

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