Alexander v. Market Street Apartments CA4/1
After Lillian Alexander accepted a statutory offer to compromise (Code Civ. Proc., § 998) in the amount of $9,980 and judgment was entered, she moved for attorney fees. The superior court awarded her $93,270. Market Street Apartments, LLC (Market Street) appeals the attorney fee order, contending: (1) Alexander has not shown she prevailed on any cause of action authorizing an award of attorney fees; (2) the superior court erred in awarding attorney fees incurred after the statutory offer to compromise was made; (3) Alexander is not entitled to attorney fees that are attributable to time spent on her husband's claims; (4) section 1033, subdivision (b) prohibits the award of any attorney fees in this case; and (5) the trial court abused its discretion in awarding attorney fees without considering Alexander's lack of success and failure to make a demand.
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