Sandison

This is an appeal from an order awarding attorney fees, pursuant to contract, in a contempt proceeding to enforce an injunction to abate a nuisance.

Appellant County of Sacramento contends the trial court erred in awarding the fees because (1) there was no final resolution of its claim warranting the finding that respondents were prevailing parties, and (2) the amount of the award should have been limited, under Government Code section 25845 (hereafter section 25845), to the amount of attorney fees incurred by the county. We disagree.

In the published portion of the opinion we conclude that the provision of section 25845, subdivision (c), limiting the amount of the prevailing party’s attorney fees to those incurred by the county, upon which the county relies, applies only to attorney fees authorized by a county ordinance. By contrast, subdivision (b) of section 25845 provides that the recovery of attorney fees not predicated upon a county ordinance “shall be in addition to and shall not limit any prevailing party’s right to recover costs pursuant to [Code of Civil Procedure] Sections 1032 and 1033.5 . . . .” Subdivision (a)(10) of Code of Civil Procedure section 1033.5…