California Appellate Tracker

Stratton v. Beck

February 18, 2019

A trial court may award attorney fees to the prevailing party for a prior appeal without regard to the appellate court’s award or denial of costs on the appeal.

Following Butler-Rupp v. Lourdeaux (2007) 154 Cal.App.4th 918, this decision holds that the trial court retains jurisdiction to award the prevailing party attorney fees incurred on appeal even when the appellate court’s disposition of the prior appeal directs that neither party is to recover costs on appeal. Attorney fees are not “costs” under the statute (CCP 1034) and rules governing the award of costs on appeal. The decision also holds that though Lab. Code 98.2 refers only to fee awards on appeal to the superior court from the Labor Commissioner’s decision in a wage dispute, the statute permits an award of fees on appeal from the superior court’s judgment.

California Court of Appeal, Second District, Division 4 (Collins, J.); December 7, 2018 (published January 2, 2019); 30 Cal. App. 5th 901

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