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« Allocation, Fee Clause Interpretation, Section 998: Defendant Prevailing Under Fees Clause Entitled To Unapportioned Fee Recovery, Another Plaintiff Not Entitled To Fees Given Failure To Show Fees Clause Was Part Of Contract, And Defendant Properly Denied | Main | Prevailing Party, Special Fee Shifting Statute: Reversal Of Statutory Violation Award Under Health Safety Code Statute Meant Attorneys Fees Award Had To Be Revisited »

February 24, 2015

Equity: Due Process Strikes Again—Fee Award By New Judge After Retired Judge Only Awarded Costs Had To Be Stricken On Due Process Grounds

 

Civil Harassment Proceeding Was the Context

     Due process, due process, that concept drove the striking of an attorney’s fees award in a civil harassment proceeding context.

     In Bridges v. Smith, Case No. C074704 (3d Dist. Feb. 23, 2015) (unpublished), plaintiffs were granted a 5-year civil harassment restraining order to stop defendant’s alleged harassment of them under CCP § 527.6, along with costs. The judge making these rulings retired, and the new judge confirmed his rulings but also granted plaintiffs $5,050 in fees under the civil harassment fee-shifting statute.

     The appellate court determined that the new judge could not enter a judgment with the additional fee recovery—after all, the retired judge didn’t do it and due process was a “stickler” dictating the result in defendant’s favor.

Posted at 11:24 AM in Cases: Equity |

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