When will a court order a reversal of an order requiring attorney fees?

California, United States of America


The following excerpt is from Choi v. Orange County Great Park Corp., 175 Cal.App.4th 524, 96 Cal. Rptr. 3d 90 (Cal. App. 2009):

As noted above, we are aware of the trial court's discretion to decide whether attorney fees are warranted. However, the trial court's discretion is not unlimited and "`reversal is appropriate "where no reasonable basis for the action is shown." [Citation.]' [Citations.]" (Baggett v. Gates (1982) 32 Cal.3d 128, 143 [185 Cal.Rptr. 232, 649 P.2d 874].) As discussed above, the ruling was based on erroneous beliefs that there had to be an adjudication of the matter and that there had to be a concrete or actual benefit. Thus, we reverse the order.

Plaintiffs request that we remand the matter to the trial court for an adjudication of the amount of fees to be awarded. Defendants' claim to the contrary, that plaintiffs are asking us to award them the full amount of attorney fees they sought, is disingenuous. The trial court does have discretion to decide the amount of fees to be awarded (Press v. Lucky Stores, Inc. (1983) 34 Cal.3d 311, 321-322 [193 Cal.Rptr. 900, 667 P.2d 704]) and we remand the case for it to make such a determination.

2. Corporations Code Section 6337

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