Useful California Law...


Attorneys' Fees - Civil

Generally speaking in a contract action attorneys' fees are not recoverable unless the contract provides for them. Generally speaking in a tort action attorneys' fees are recoverable. Sometimes the attorneys' fees issue becomes complicated when an action has claims for both contract and tort law. Below is some case law on the issue:

If an action asserts both contract and tort or other noncontract claims, Civil Code Section 1717 applies only to attorney fees incurred to litigate the contract claims. As with tort claims, the question of whether to award fees on other noncontract claims depends upon the scope of the contractual attorneys' fee provision. Exxess Electronixx v Heger Realty Corp. (1998, 2nd Dist) 64 Cal App 4th 698, 75 Cal Rptr 2d 376.

The determination of a recoverable counsel fee is a question of fact within the discretion of the trial court. Scott v Travelodge Corp. (1968, 5th Dist) 265 Cal App 2d 881, 71 Cal Rptr 547.