Is a plaintiff entitled to recover legal fees for work performed before he was joined as a party to this action?

California, United States of America


The following excerpt is from Lowe v. Marquez (In re Estate of Lowe), A134286 (Cal. App. 2013):

14. Appellant also claims Edmund is not entitled to recover legal fees for work performed before he was joined as a party to this action. He also asserts Edmund's attorneys contributed to the excessive fees and costs the parties incurred in this litigation. He does not cite to any legal authority in support of either of these claims. Accordingly, we deem the arguments waived. "An appellant must provide an argument and legal authority to support his contentions. This burden requires more than a mere assertion that the judgment is wrong. 'Issues do not have a life of their own: If they are not raised or supported by argument or citation to authority, [they are] . . . waived.' [Citation.] It is not our place to construct theories or arguments to undermine the judgment and defeat the presumption of correctness. When an appellant fails to raise a point, or asserts it but fails to support it with reasoned argument and citations to authority, we treat the point as waived." (Benach v. County of Los Angeles (2007) 149 Cal.App.4th 836, 852; accord, Dietz v. Meisenheimer & Herron (2009) 177 Cal.App.4th 771, 799.)

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