Legal Question in Civil Litigation in California

Re: Attorney's fees in small claim court

The basic rule of California small claims court is that

neither side may be represented in court by an attorney.

Thus, there would not be a basis for recovery of

attorney's fees. In any case where a party prevails

they are entitled to recovery of certain "costs." The costs

involved do not include all expenses caused by the case,

rather, they include specific expenses caused by

the case, such as filing fees, court reporter fees,

and the like. As to such costs, if you incurred any, and if

you are the prevailing party, you can file a bill for costs (using a

special court form available at the court) to seek

the items listed on the forms as allowable costs. If a plaintiff

files a request for dismissal after the defendant has appeared in the action

then the defendant is considered a prevailing party. However, if the defendant

never filed an answer and thus did not appear in the case, there should

have been no "costs" and the issue of who prevailed is irrelevant.