Is a plaintiff entitled to appellate attorney fees and costs on appeal?

California, United States of America


The following excerpt is from Roe v. Halbig, 240 Cal.Rptr.3d 104, 29 Cal.App.5th 286 (Cal. App. 2018):

Citizens Against Rent Control v. Berkeley (1986) 181 Cal.App.3d 213, 232-234, 226 Cal.Rptr. 265 ). We also vacate the trial courts award of costs so that the trial court may fully reconsider the appropriate award to Roe.

With respect to Roes request for costs and attorneys fees on appeal, "[a] statute authorizing an attorney fee award at the trial court level includes appellate attorney fees unless the statute specifically provides otherwise." ( Evans v. Unkow (1995) 38 Cal.App.4th 1490, 1499, 45 Cal.Rptr.2d 624.) Section 1987.2, subdivision (c) does not foreclose appellate attorney fees. Therefore, Roe is entitled to them.

[240 Cal.Rptr.3d 125]

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