Partition: Trial Judge Has Considerable Discretion To Apportion Partition Fees And Costs

This Decision Demonstrates Apportionment Can Be A Substantial Percentage To Side Running Up The Costs Of Litigation

            Code of Civil Procedure section 874.040 allows the court in a partition action to apportion costs in proportion to parties’ interests or “as may be equitable,” with costs defined broadly in section 874.010 to include reasonable attorney’s fees incurred/paid for the common benefit, referee’s costs and expenses, and compensation for other professionals employed by the referee in the action.

            Pippins v. Jah, Case No. A150218 (1^st Dist., Div. 5 Apr. 4, 2018) (unpublished) shows how that discretion can be exercised when an apportionment motion is brought and one side has made the litigation more lengthy/expensive through obstructionist activities.  The trial court in this case did apportion over 96% to 100% of certain categories of costs to the obstructionist side, an equitable discretionary ruling affirmed on appeal under the abuse of discretion standard.