Costs, Special Fee Shifting Statute: Prevailing Defendant In Civil Harassment Proceeding After Dismissal Of Petition For Restraining Orders Entitled To Claim Attorney’s Fees Through A Cost Memorandum

Costs Memorandum Or Fee Motion Were Proper Methods To Request Fee Recovery Under CCP § 527.6.

            In Tardaguila v. Conley, Case No. B279316 (2d Dist., Div. 2 Aug. 29, 2018) (unpublished), prevailing defendant was awarded $8,956.34 in attorney’s fees after plaintiff dismissed her petition for civil harassment restraining orders against defendant. Fees are allowable to the prevailing party under CCP § 527.6(s). Defendant claimed them through a costs memorandum, attaching redacted attorney billing records. The trial judge did strike expert witness expenses but did award $8,956.34 (out of a requested $9,996.34) in statutory attorney’s fees to defendant.

            Plaintiff appealed, claiming that a costs memorandum was an improper vehicle to seek fees, requiring a notice motion instead. The appellate court disagreed. Either way was acceptable. CCP § 1033.5 provides that allowable statutory fees are an allowable cost and may be fixed either by a noticed motion or upon application supported by affidavit made concurrently with a claim for other costs, with the costs memorandum satisfying that last option.