Plaintiff to have judgement against defendant, for the principal sum plus costs, excluding attorney fees. What is covered by the term costs? And on what basis would a judge deny payment of attorneys when it was written into a contract?
2 Answers from Attorneys
Costs are awarded to the prevailing party in a case, as specified in California Code of Civil Procedure §1033.5: filing, motion and jury fees; depositions; service of process; some witness fees; some expert fees; court transcripts; court reporter fees; and trial exhibits, among other things. The court can deny payment of attorney's fees if they are not requested by motion, or if the attorney's declaration fails to show his or her hours worked on the case, reasonable hourly rate, experience, complicated nature of the case, and other factors.
First of all, a party has to have an attorney to be awarded attorney's fees. Second of all, the party who is the prevailing party must file a motion within the appropriate time period to request the court to award attorney's fees as costs, and must show that either a statute or a contract between the parties authorizes an award of attorney's fees.