Ripley

This is an appeal from a money judgment in favor of plaintiffs and against defendants Constantine Pappadopoulos and Metron Enterprises, Inc., awarded in an action for breach of contract, breach of fiduciary duty, misappropriation of partnership property and unjust enrichment. Following a court trial, a judgment for $315,958 was entered against defendants. By subsequent order the court awarded attorney fees and costs to the plaintiffs. Defendants filed separate notices of appeal from the judgment and from the award of attorney fees and costs. We consolidated the appeals for decision.

In the published portion of this opinion we decline to follow the holding of Bussey v. Affleck (1990) 225 Cal.App.3d 1162 [ 275 Cal.Rptr. 646 ], that expert witness fees and various other nonstatutory litigation expenses are recoverable as costs when a contract provides for the recovery of attorney fees and costs by the prevailing party. Instead we hold that expert witness fees and other litigation expenses not allowed by statute are not recoverable as costs.

In the unpublished portion we hold that the judgment must be modified with respect to the recovery for a finder’s fee but otherwise…