Appeal Sanctions, Costs: 2/4 DCA Denies Requests From Prevailing Party In A Writ Proceeding For Attorney Fees To Be Included As Part Of Costs Award And For An Award Of Fees As A Sanction Against Defeated Party

Attorney Fees Are Not Included As Recoverable Costs Under California Rules Of Court, Rules 8.493(b) And 8.278(d), And A Passing Reference To An Award Of Fees As Sanctions, With No Showing Of Justification For Sanctions, Does Not Qualify As A Motion For Sanctions Under Rule 8.492(a).

            In Harden v. Superior Court, Case No. B311738 (2d Dist., Div. 4 August 19, 2021) (unpublished), defendant prevailing in a petition for writ of mandate, after the trial court declined to comply with the 2/4 DCA’s alternative writ, requested that attorney fees be included as part of the costs he was entitled to under California Rules of Court, rule 8.493(a).  Because attorney fees are not included in the list of recoverable costs under rules 8.493(b) and 8.278(d), and defendant provided no other basis for a fees award, the 2/4 DCA denied his request.  Additionally, the panel declined to consider defendant’s passing reference to an award of fees as sanctions being issued against plaintiff because the reference did not qualify as a motion for sanctions under rule 8.492(a), and defendant had not shown justification for an award of fees as a sanction.