Andre

This case involves a dispute over attorney fees in an inverse condemnation action. Defendant City of West Sacramento (the City) appeals from an order awarding $54,017.33 in attorney fees to plaintiff Josie Andre as trustee of the Josephine De Anda Trust. The City contends there was no evidence that fees in this amount were “actually incurred,” as required by *534 Code of Civil Procedure section 1036 (further undesignated statutory references are to the Code of Civil Procedure). 1 We agree and therefore reverse the court’s order.

Facts and Procedural History

Plaintiff brought suit against the City and a contractor, alleging several causes of action, including inverse condemnation and negligence. The jury found that the contractor was negligent, but was not acting as the agent of the City; it awarded $32,800 on this cause of action. It also awarded $10,587.50 to compensate plaintiff for the City’s taking of her property. Apparently, no appeal was taken from the ensuing judgment.

Plaintiff filed a motion seeking $103,887.50 in attorney fees, plus other costs. Asserting that section 1036 “provides the right to recover reasonable costs and attorneys’ fees in an inverse…