Does a defense based upon reliance upon reliance on state law affect the proper amount of attorney's fees?
California, United States of America
The following excerpt is from Schmid v. Lovette, 154 Cal.App.3d 466, 201 Cal.Rptr. 424 (Cal. App. 1984):
9 The court also stated that a defense based upon reliance on state law might affect the proper amount of the fee, but would not affect the propriety of awarding the plaintiff proper attorney's fees. (Ibid.) This view has not been adopted by any California court that has interpreted Code of Civil Procedure section 1021.5. (See, e.g. Serrano v. Unruh (1982) 32 Cal.3d 621, 186 Cal.Rptr. 754, 652 P.2d 985.)
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