Is a plaintiff entitled to attorney fees under California Code of Civil Procedure section 1033.5?

California, United States of America


The following excerpt is from Tessie Cleveland Cmty. Servs. Corp. v. Loghmani, B263845, B266052 (Cal. App. 2016):

subdivision (a) of Section 1033.5." (Code Civ. Proc., 685.040.) Under Code of Civil Procedure section 1033.5, subdivision (a)(10)(A), attorney fees are considered costs when authorized by contract. Thus, there are two requirements to entitlement to fees under these provisions: "(1) the fees must have been incurred to 'enforce' a judgment; and (2) the underlying judgment had to include an award for attorney fees pursuant to Code of Civil Procedure section 1033.5, subdivision (a)(10)(A) . . . ." (Jaffe v. Pacelli (2008) 165 Cal.App.4th 927, 935.)

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