How have courts treated attorney fees in costs under the California Court of Appeal?

contract simply add[ed] attorney fees as an element of costs." (Presley of Southern California v. Whelan, supra, 146 Cal.App.3d at p. 962) The appellate court rejected that argument as follows: "The provisions allowing costs on appeal (Code Civ. Proc., 1034 and Cal. Rules of Court, rule 26 [now rule 8.278]) . . . are entirely separate from the contractual provision for fees and do not depend on the party winning the appeal being the ultimate prevailing party. [The plaintiff's] contention is inconsistent with the well settled rule excluding attorney fees from the costs a party winning an appeal may recover under section 1034 [citations]."⁵ (Presley of Southern California, at p. 962, italics added.)