California Court of Appeal

Under Code of Civil Procedure section 1036, a prevailing party in an inverse condemnation proceeding with a contingency fee agreement with his counsel is limited to an attorney's fee award actually incurred even if a "reasonable" fee would exceed that amount.

Appellate Information

• Decided 09/25/2001
• Published 09/25/2001

Judges

• HULL, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
•  Robert J. Williams, Mill Valley, Olimpia, Whelan & Lively and Helen E. Williams, San Jose, for Defendant and Appellant., Boutin, Dentino, Bigson, Di Giusto, Hodell & West, Stephen F. Boutin, Peter M. Williams, Sacramento, and Michael E. Chase for Plaintiff and Respondent.