While lawyers usually cannot represent parties in a small claims action, lawyers may represent parties in small claims appeals. (Civ.Proc. § 116.530.) Code of Civil Procedure section 116.780(c) provides for an award of fees up to $150 and up to $1,000 if appeal was without substantial merit and not based on good faith. In the present case, there was a contract containing a prevailing party attorney fee provision, so the question for the Court of Appeal was “whether 116.780(c) expressly, or the policy of the statute implicitly, overrides the freedom of contract for a different amount of attorney fees.” The appeals court concluded the statute overrides contractual fee provisions and limit the attorney fee award to $150. (Dorsey v. Sup. Ct. (Jeffrey Crosier) (Cal. App. Fourth Dist., Div. 1; October 22, 2015) 241 Cal.App.4th 583 [193 Cal.Rptr.3d 834].)Attorney Fees In Small Claims Appeal.
While lawyers usually cannot represent parties in a small claims action, lawyers may represent parties in small claims appeals. (Civ.Proc. § 116.530.) Code of Civil Procedure section 116.780(c) provides for an award of fees up to $150 and up to $1,000 if appeal was without substantial merit and not based on good faith. In the present case, there was a contract containing a prevailing party attorney fee provision, so the question for the Court of Appeal was “whether 116.780(c) expressly, or the policy of the statute implicitly, overrides the freedom of contract for a different amount of attorney fees.” The appeals court concluded the statute overrides contractual fee provisions and limit the attorney fee award to $150. (Dorsey v. Sup. Ct. (Jeffrey Crosier) (Cal. App. Fourth Dist., Div. 1; October 22, 2015) 241 Cal.App.4th 583 [193 Cal.Rptr.3d 834].)