Plaintiff need not seek attorney's fees in pleadings, in order for the court to award attorney fees

Contractor (C) sued Homeowners (H), and H cross-complained against C. The contract did not contain an attorney's fee clause. The court awarded H a $50,000 judgment against C, plus $36,205.14 in attorney's fees pursuant to Section 3260(g) of the California Civil Code. C apealed the attorney's fees. Held: There is no requirement that a party plead that it is seeking attorney fees, and there is no requirement that the ground for a fee award be specified in the pleadings.
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Robin Mashal
Los Angeles, California
Commercial Litigation
(310) 286-2000

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I am a litigation lawyer, licensed to practice law in the State of California. You can reach me by phone at (310) 286-2000.