(a) A party to an action who follows the procedure set forth in Section 386 or 386.5 may insert in his motion, petition, complaint, or cross complaint a request for allowance of his costs and reasonable attorney fees incurred in such action. In ordering the discharge of such party, the court may, in its discretion, award such party his costs and reasonable attorney fees from the amount in dispute which has been deposited with the court. At the time of final judgment in the action the court may make such further provision for assumption of such costs and attorney fees by one or more of the adverse claimants as may appear proper.
§ 386.6.Costs and Attorney's Fees
Title 3. Of the Parties to Civil Actions · Chapter 6. Interpleader · Last amended 1974 · Last verified July 28, 2026
In one sentenceSection 386.6 lets a party who uses the interpleader procedure in § 386 or § 386.5 request costs and reasonable attorney’s fees, which the court may award, in its discretion, out of the deposited funds, including to an attorney who represents themselves.
Full Text of § 386.6
(b) A party shall not be denied the attorney fees authorized by subdivision (a) for the reason that he is himself an attorney, appeared in pro se, and performed his own legal services.
Plain-English Summary
Bringing an interpleader action or motion under § 386 or § 386.5 takes effort even though the stakeholder has no stake in the outcome. Section 386.6 lets that party recover for the trouble. A request for costs and reasonable attorney’s fees can be included in the motion, petition, complaint, or cross-complaint itself, and when the court orders the party discharged, it may award those costs and fees out of the amount in dispute that has been deposited with the court.
At final judgment, the court can go further, making whatever provision seems proper for one or more of the adverse claimants to bear those costs and fees themselves, rather than leaving the expense to come entirely out of the disputed fund.
Subdivision (b) closes off an argument that might otherwise deny fees to a stakeholder who happens to be a lawyer: attorney’s fees under this section are not withheld merely because the party is an attorney who appeared without separate counsel and did the legal work personally.
Frequently Asked Questions
Can a stakeholder recover its costs for bringing an interpleader action?
Where does the money for these fees come from?
The court may award costs and fees from the amount in dispute deposited with the court, and at final judgment can also direct one or more of the adverse claimants to bear those costs directly.
Can an attorney who represents themselves in an interpleader action still recover fees?
Yes. Subdivision (b) states that a party is not denied the fees authorized by this section merely because the party is an attorney who appeared in pro se and did the legal work personally.
Amendment History
Amended by Stats. 1974, Ch. 273.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
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