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« Private Attorney General: Plaintiff Was Not Catalyst In Yolo County Recorder Reduction Of Fees, Such That CCP 1021.5 Fees Not Justified | Main | Requests For Admission: Plaintiffs Denial Of Two Material Requests For Admissions Justified Costs Of Proof Sanctions After Defendant Proved Facts In Summary Judgment Proceeding »

October 16, 2016

Equity: Accounting Incidental To Partition Action Does Allow For Recovery Of Fees Under CCP § 874.040

 

Common Benefit Analysis Led To Recovery Of Fees By One Tenant In Common.

     Although the facts are quite interesting from a partition perspective, Villicana v. Lindsay, Case No. G052709 (4th Dist., Div. 3 Oct. 13, 2016) (unpublished) stands for the proposition that a trial judge has authority to award attorney’s fees to one tenant in common in a partition case where an incidental accounting led to a “common benefit” resolution of the partition action in the overall sense. This is allowable under CCP § 874.040 and Regalado v. Regalado, 198 Cal.App.2d 549, 551 (1961), with one tenant in common getting allocable “common benefit” fees in a 3-0 opinion authored by Presiding Justice O’Leary.

Posted at 05:12 PM in Cases: Equity |

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