What is the test for an award of attorney fees in a personal injury case?

California, United States of America


The following excerpt is from Tract 19051 Homeowners Ass'n v. Kemp, 184 Cal.Rptr.3d 701, 343 P.3d 883, 60 Cal.4th 1135 (Cal. 2015):

Plaintiffs additionally rely on the case of Gil v. Mansano (2004) 121 Cal.App.4th 739, 17 Cal.Rptr.3d 420 (Gil ), in support of their argument that an award of attorney fees is not authorized where, as here, the statute is used defensively, and the language authorizing recovery of attorney's

[184 Cal.Rptr.3d 715]

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