"A contract for a reasonable attorney's fee in enforcing its provisions embraces an allowance for legal services rendered upon appeal as well as during the trial." Cirimele v. Shinazy, 134 Cal. App. 2d 50, 52 (1955) (citing Hahn v. Hahn, 123 Cal. App.2d 97, 103 (1954)). C. Lodestar Calculation
"If the trial court may make an appraisal and adjudication of value of such services, it must be presumed that appellate courts possess like power and ability so to do." See also Denio v. City of Huntington Beach (1943) 22 Cal.2d 580, 591 [3] [ 140 P.2d 392, 149 A.L.R. 320]; Genis v. Krasne (1956) 47 Cal.2d 241, 246 [2] [ 302 P.2d 289]; Cirimele v. Shinazy (1955) 134 Cal.App.2d 50, 52 [4] [ 285 P.2d 311, 52 A.L.R.2d 860]. Having the power and the ability to adjudicate the value of legal services (where the record shows the character, and extent of such services) it is my view that we should be able to determine from the record here whether an "advantage" was taken by plaintiff over the defendant.
"A contract for a reasonable attorney's fee in enforcing its provisions embraces an allowance for legal services rendered upon appeal as well as during the trial." ( Dankert v. Lamb Finance Co., 146 Cal.App.2d 499, 503-504 [ 304 P.2d 199]; Cirimele v. Shinazy, 134 Cal.App.2d 50-52 [ 285 P.2d 311, 52 A.L.R.2d 860].) Accordingly, plaintiff is entitled to attorneys' fees on this appeal, and it appears that seven hundred and fifty dollars is a reasonable sum to be allowed for that purpose.
' [Citations.]" ( Wilson v. Wilson, 54 Cal.2d 264, 272 [ 5 Cal.Rptr. 317, 352 P.2d 725]; Cirimele v. Shinazy, 134 Cal.App.2d 50, 52 [ 285 P.2d 311, 52 A.L.R.2d 860]) so too does the statute here. (See Painter v. Estate of Painter, 78 Cal. 625 [21 P. 433].)
( Wilson v. Wilson (1960) 54 Cal.2d 264, 272 [ 5 Cal.Rptr. 317, 352 P.2d 725]; Genis v. Krasne (1956) 47 Cal.2d 241, 248 [ 302 P.2d 289].) Either this court may fix the reasonable amount of attorneys' fees on appeal ( Wilson v. Wilson, supra, at p. 272; Cirimele v. Shinazy (1955) 134 Cal.App.2d 50, 52 [ 285 P.2d 311, 52 A.L.R.2d 860]), or such fees may be determined by the trial court when it determines costs. (Code Civ. Proc., § 1034; Genis v. Krasne, supra, at p. 248.)
[7] In addition, the trial court properly awarded attorney's fees pursuant to the lease provision supporting such an award, and respondent is entitled to attorney's fees on appeal under the same provision. ( Cirimele v. Shinazy, 134 Cal.App.2d 50 [ 285 P.2d 311, 52 A.L.R. 2d 860].) "It is established in this state that a contract which provides for reasonable attorney's fees in conjunction with the enforcement of its provisions embraces an allowance for legal services rendered upon appeal as well as during the trial and that the appellate court has authority to set reasonable attorney's fees. [Citations.]"
The trial court awarded $14,180.61 as reasonable attorneys' fees and expenses incurred in the prosecution of this action to the time of the judgment. In Cirimele v. Shinazy (1955) 134 Cal.App.2d 50, 285 P.2d 311, 52 A.L.R.2d 860, the court distinguished between legal services actually rendered, and those reasonably necessary. The opinion states: 'The 'reasonable attorney fee' for which the lease provides in case suit is brought for recovery of rent is not necessarily guaged by the legal services actually rendered.
[13] It is established in this state that a contract which provides for reasonable attorney's fees in conjunction with the enforcement of its provisions embraces an allowance for legal services rendered upon appeal as well as during the trial and that the appellate court has authority to set reasonable attorney's fees. ( Wilson v. Wilson, 54 Cal.2d 264, 272 [ 5 Cal.Rptr. 317, 352 P.2d 725]; Dankert v. Lamb Finance Co., 146 Cal.App.2d 499, 503-504 [ 304 P.2d 199]; Cirimele v. Shinazy, 134 Cal.App.2d 50, 52 [ 285 P.2d 311, 52 A.L.R.2d 860]; Hahn v. Hahn, 123 Cal.App.2d 97, 103 [ 266 P.2d 519]; Coordinated Constr., Inc. v. Canoga Big "A," Inc., 238 Cal.App.2d 313, 320 [ 47 Cal.Rptr. 749].) Accordingly, we find the sum of $350 to be a reasonable sum for attorney's fees on this appeal.
Respondent has requested that this court award respondent reasonable attorney's fees in the amount of $1,500 which is the amount that respondent has incurred. Since this court has authority to set reasonable attorney's fees (see Cirimele v. Shinazy, 134 Cal.App.2d 50, 52 [ 285 P.2d 311, 52 A.L.R.2d 860]) for the appeal, we find the sum of $1,500 to be a reasonable sum to be allowed for attorney's fees on this appeal. The judgment and orders are affirmed and the appellant is ordered to pay to respondent attorney's fees in this appeal in the amount of $1,500.
Said respondent points to section 647 of the Government Code which provides that at the time of filing any action against the state the plaintiff shall file an undertaking "conditioned upon payment by the plaintiff of all costs incurred by the State in the suit, including a reasonable counsel fee to be fixed by the court, if plaintiff fails to recover judgment in the action." The trial court awarded respondent state the sum of $750 as and for counsel fees for legal services in the superior court. [6] As stated in Cirimele v. Shinazy, 134 Cal.App.2d 50, at page 52 [ 285 P.2d 311, 52 A.L.R.2d 860]: "A contract for a reasonable attorney's fee in enforcing its provisions embraces an allowance for legal services rendered upon appeal as well as during the trial. ( Hahn v. Hahn, 123 Cal.App.2d 97, 103 [ 266 P.2d 519].)" (See also Anderson v. Hiatt, 181 Cal.App.2d 9, 12 [ 4 Cal.Rptr. 858].)