Defendants In A Partition Action Are Equally Entitled To An Award of Attorney Fees

C.C.P. 874.010(a) allows for the recovery of those attorney fees incurred by a party for the common benefit.  Moreover, California law is well settled and authorizes the recovery and reimbursement for those attorney fees incurred by defendant for the common benefit, to the same degree that plaintiff’s attorney fees are recoverable.  See Riley v. Turpin, (1960) 53 Cal. 2d 598, 603.  Therefore, if a defendant in a partition action or receivership action expends attorney fees that inur to the common benefit, then the defendant has the right to seek reimbursement of those fees pursuant to California Code of Civil Procedure § 874.010.

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