Not Clear If Fee Award Based on Partition Claim or Not.
In a tenant-in-common apartment building dispute (complete with a partition claim), a plaintiff appealed a lower court determination that defendants were entitled to fees of $6,087, arguing there was no clear identification of the statutory basis for the fee award.
That argument resonated and resulted in a reversal in Groves v. Groves, Case No. C065174 (3d Dist. Nov. 14, 2012) (unpublished).
Given that there was no contract and the parties agreed to sell the commonly owned property via stipulation, it was not clear that the lower court awarded fees based on the partition claim. This required a reversal and clarification on remand when it came to the fee award.
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