Legal Question in Civil Litigation in California

If there is a statute or contract that allows for the prevailing party to collect attorney's fees, then your attorney can file a motion to determine the prevailing party and for an award of attorney's fees. If you are represented by counsel, he or she should be able to handle it. It's pretty routine. Note that, even if there is no legal basis for collecting attorney's fees, the prevailing party can obtain a judgment for many of the litigation costs.

He must file a motion if the fees award is based on contract or law. (Code of Civ. Proc., sect. 1033.5 subd c(5).)

If a statute or a contract with the defendant does not provide for attorney's fees, your attorney would take it from the amount recovered, and give you the net balance.