Suarez

Alberto Daniel Saucedo Suarez and his attorneys, Allan F. Davis and the law firm of Robinson Calcagnie Robinson Shapiro Davis, Inc. (together, the Attorneys and with Suarez, Appellants), appeal from the trial court’s award of attorney fees and costs to the City of Corona (the City) under Code of Civil Procedure section 1038. (Undesignated statutory references are to this code.) Appellants contend the trial court erred because (1) section 1038 does not authorize an award of attorney fees and costs against a party’s counsel, (2) the commissioner issuing the award did not have jurisdiction, (3) the award was not proper where the action was brought and maintained with reasonable cause, (4) the fees and costs awarded were not reasonably and necessarily incurred, and (5) the award violated due process. We agree that section 1038 does not authorize an award of fees and costs against a party’s attorney. Accordingly, we reverse that portion of the judgment awarding the City its fees and costs against the Attorneys. In all other respects, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

In 2008, Suarez was injured when the compressed natural gas (CNG) tank in a van in which he was a…