Riverisland Cold Storage v. Fresno-Madera Production credit Assn. CA5

DISCUSSION

I. Standard of Review

In the trial court, “the burden is on the party seeking attorney fees to prove that the fees it seeks are reasonable.” (Gorman v. Tassajara Development Corp. (2009) 178

2. Cal.App.4th 44, 98 (Gorman).) On appeal, however, we presume the judgment is correct and the appellant must establish prejudicial error. (Id. at p. 67.) The amount of the fee award is reviewed for abuse of discretion. (Connerly v. State Personnel Bd. (2006) 37 Cal.4th 1169, 1175.)

II. Award of Attorney Fees

Attorney fees may be awarded to the prevailing party as part of an award of costs, when an award of fees is authorized by contract. (Code Civ. Proc., §§ 1032, subd. (b), § 1033.5, subd. (a)(10)(A); Civ. Code, § 1717, subd. (a).) The fees awarded must be reasonable in amount and reasonably necessary to the conduct of the litigation. (Code Civ. Proc. § 1033.5, subd. (c)(2) & (3).) “The amount to be awarded as attorney’s fees is left to the sound discretion of the trial court. The trial judge is in the best position to evaluate the services rendered by an attorney in his courtroom; his judgment will not be disturbed on review unless it is clearly wrong.” (Vella v.…