Morcos v. Board of Retirement

Opinion

BROUSSARD, J.

We granted review in this case to decide whether under Government Code section 315361 a successful retirement applicant may recover attorney fees incurred in defending the judgment of the superior court on appeal. Section 31536 authorizes the superior court to award fees *926to a successful applicant, but does not expressly state whether it applies to attorney fees incurred in successfully defending a favorable judgment before the Court of Appeal or the Supreme Court. A divided Court of Appeal held it does not.

We conclude that the Court of Appeal erred in its interpretation of…