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P1419 Under a provision in a construction contract requiring the contractor to indemnify and hold the hirer harmless from attorney fees arising out of performance of the work, the hirer is not entitled to fees incurred in an action to enforce the contract, since the action did not arise from the contractor's work; under a stipulation to split fees of a referee 50/50, the trial court lacks authority to order payment of the referee's fee any other way.CitationCARR v CITY OF CHOWCHILLA (Referee's Fees) 166 CA4 25 [See: CCP 638, 1033.5; Greenbriar v Superior Court 117 CA4 337, P/AT 5/04; Lloyd's v Superior Court 24 C4 945, T/AT 3/01; Badie v B of A 67 CA4 779, T/AT 12/98]
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