MST Farms v. C. G. 1464

The sole issue on this second appeal in this action is whether a trial court has jurisdiction to award attorney fees to a prevailing party on appeal, as costs pursuant to Civil Code section 1717, notwithstanding the absence of explicit direction to do so from the appellate court either in its opinion or in its remittitur.

In the first appeal to this court, in case No. F005857, MST Farms et al. (plaintiffs) appealed from a judgment in favor of C. G. 1464 et al. (defendants). In an unpublished opinion affirming the judgment below, this court ordered, “Defendants are awarded their costs on appeal.” Accordingly, our remittitur provided, “Respondent(s) to recover costs.” After the remittitur was filed, defendants, pursuant to section 1717, filed a motion in the superi- or court requesting additional attorney fees incurred in defending the appeal. Following a hearing the trial court denied defendants’ request for additional attorney fees, stating in part: “While this court fails to see any value in continuing to distinguish between costs which are recoverable by the prevailing party on appeal, and attorneys fees recoverable on appeal, (when recoverable under C.C. § 1717), such…