Civil Code Section 1717 Lodestar Factors Alone Do Not Restrict The Family Court In Deciding Prevailing Party Contractual Fees.
Marriage of Bowman, Case No. B331924 (2d Dist., Div. 6 Apr. 3, 2026) (published) held that a family law judge can consider financial needs and ability to pay (Family Code section 2030 and 2032 factors) in awarding fees under a contractual fees clause in a marital settlement agreement (MSA). Both the trial and appellate courts rejected the notion that only Civil Code section 1717 lodestar principles applied, because the matter at hand was a family law case—where equitable principles applied.