Salvador v. Popaa

Defendants’ appeal once again brings before the court the authority to award attorneys’ fees. Hawaii follows the traditional American rule that ordinarily ‘‘attorney’s fees cannot be awarded as damages or costs where not so provided by statute, stipulation or agreement.” Defendants assert that this rule requires reversal of the award made plaintiff in the trial court. Plaintiff seeks to sustain the award under an exception to the rule. The background of the case is as follows:

On February 22, 1972, plaintiff Jeanette Salvador, herein referred to as “plaintiff,” was notified that she was no…