Absence of Opposition From Other Side Steered the Affirmance.
In Southern Cal. Gas. Co. v. Flannery, Case No. B249616 (2d Dist., Div. 5 Dec. 16, 2014) (published), gas company brought an interpleader action to direct disposition of settlement proceeds in multiple fire cases, ultimately being granted an unopposed motion for discharge and then being granted $81,053.44 in attorney’s fees under the interpleader fee-shifting statute, CCP § 386.6.
The appeal by an adverse litigant was unsuccessful. After all, the opponent offered no evidence to counter the gas company’s declaration in support of the fee request and offered no opposition to the fees actually requested. Given that gas company did have to engage a team of attorneys in light of the multiple cases involved, the fee award in this one was found appropriate.