California, United States of America
The following excerpt is from Woodland Hills Residents Assn., Inc. v. City Council, 154 Cal.Rptr. 503, 23 Cal.3d 917, 593 P.2d 200 (Cal. 1979):
15 In their petition for hearing in this case, plaintiffs requested that the court award attorney fees for services rendered in connection with this appeal; plaintiffs filed no formal motion to this effect, however, and at that time did not fully brief the issue as to whether attorney fees should appropriately be awarded for time spent in litigating the attorney fee claim. Under these circumstances, we believe that in order to permit all parties to be fully heard on this issue plaintiff's request for attorney fees on appeal should be remanded to the trial court with directions to hear and determine such motion in conjunction with plaintiff's original attorney fee request. (See Serrano v. Priest (1977) 20 Cal.3d 25, 50, 141 Cal.Rptr. 315, 569 P.2d 1303.)
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