Kaufman v. Diskeeper Corp.

Opinion

MANELLA, J.

Appellant Diskeeper Corporation (Diskeeper) challenges the trial court’s denial of a contract-based award of attorney fees following the confirmation of an arbitration award. Diskeeper contends the court improperly denied the award on the ground that Diskeeper filed no memorandum of costs in seeking the award. We conclude that Diskeeper’s contention is correct. Specifically, we hold that a party seeking attorney fees pursuant to Civil Code section 1717 need not, in addition to filing a noticed motion, file a memorandum of costs. We therefore reverse the court’s ruling and…