Sample Motion For Attorney Fees
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FAQ
Code of Civil Procedure section 1021.5 permits an award of attorney's fees to a "successful party . . . in any action which has resulted in the enforcement of an important right affecting the public interest if: (a) a significant benefit . . . has been conferred on the general public or a large class of persons, (b) ...
The court can make an award for attorney's fees at any point during the proceeding. However, those fees must be ?reasonably necessary.? (Family Code 2030 (a).) To determine if the fees are reasonable, the court will consider the following factors as listed in (In re Marriage of Norton (1988) 206 Cal. App.
The ?English Rule? states that the prevailing party recovers its attorneys' fees from the non-prevailing party. The ?American Rule? states that each party pays its own attorneys' fees, regardless of who is the prevailing party. In California, the ?American Rule? is generally applied, with a few modifications.
Conclusion: Yes, a defendant in a quiet title action in California can move to strike a claim for attorney's fees in a complaint before discovery if the claim is irrelevant, false, or an improper matter in any of the pleadings.
The attorneys' fees law in California generally provides that unless the fees are provided for by statute or by contract they are not recoverable. In other words, unless a law or contract says otherwise the winning and losing party to lawsuit must pay their own attorneys fees.
