Appellate Practice,
California Courts of Appeal,
Civil Litigation
Jan. 9, 2019
Attorney fees are costs in trial court but not on appeal
A recent decision holds that an appellate court's denial of "costs" does not preclude an award of attorney fees -- a holding that might seem counterintuitive -- this may be a good time to review the opinion and bone-up on the reasoning.
Gary A. Watt
Partner
Hanson Bridgett LLP
State Bar Approved, Certified Appellate Specialist
Email: gwatt@hansonbridgett.com
Gary chairs Hanson Bridgett's Appellate Practice. He is a State Bar-approved, certified appellate specialist. In addition to writs and appeals, his practice includes anti-SLAPP and post-trial motions as well as trial and appellate consulting. His blog posts can be read at www.appellateinsight.com.
As lawyers, we worry about the unknown, of being on the wrong page, of being hit with the exception to the exception. Our clients depend on us, expecting us to be expert navigators of all things statutory. It's a scary way to make a living. So when a recent decision holds that an appellate court's denial of "costs" does not preclude an award of attorney fees -- a holding that might seem counterintuitive -- this may be a good time to review the opinion and bone-up on t...
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