Are contractual attorney fees awarded to a party who recovers no money damages treated as incidental costs of litigation?
California, United States of America
The following excerpt is from Pecsok v. Black, 7 Cal.App.4th 456, 9 Cal.Rptr.2d 12 (Cal. App. 1992):
After reviewing these authorities, the Nielsen court concluded that, "contractual attorney fees awarded a party who recovers no money damages are to be treated as any other incidental cost of litigation for purposes of the automatic stay provisions of Code of Civil Procedure section 916." (Nielsen v. Stumbos, supra, 226 Cal.App.3d at p. 305, 276 Cal.Rptr. 272.)
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