Focus (Forum & Focus)
Sep. 26, 2008
Fee for All
California has adopted the “American” rule of each party bearing its own attorney fees in litigation, writes Michael Paul Thomas.
FOCUS COLUMN
By Michael Paul Thomas California has adopted the "American" rule of each party bearing its own attorney fees in litigation. Code of Civil Procedure Section 1021; Trope v. Katz, 11 Cal.App.4th 274 (1995). However, in an action to enforce a contract that authorizes an award of attorney fees and costs to either party, the party prevailing on the contract is entitled to reasonable attorney fees as court costs. See Civil Co...
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