Is a plaintiff entitled to an additional attorney fee in a personal injury action?
California, United States of America
The following excerpt is from Perroni v. Fajardo, B281167 (Cal. App. 2017):
"California follows what is commonly referred to as the American rule, which provides that each party to a lawsuit must ordinarily pay his own attorney fees." (Trope v. Katz (1995) 11 Cal.4th 274, 278 (Trope).) However, attorney fees are recoverable as costs by a prevailing party when authorized by contract, statute, or law. (Code Civ. Proc., 1033.5, subd. (a)(10).)
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