Equity: Trial Court Did Not Abuse Its Discretion By Striking Substantial Fee Prayer Where Requesting Party Engaged In Misconduct During The Course Of The Litigation

Appellants Did Not Help Themselves By Calling Lower Court Rulings “Gibberish” and “Legal Nonsense.”

            In United Grand Corp. v. Malibu Hillbillies, Case No. B283833 (2d Dist., Div. 8 May 22, 2019) (unpublished), landlord sought unpaid rent of less than $50,000, but then sought $2 million in fees for post-judgment work over the course of three years.  The problem was that this garden variety commercial rent dispute was one in which landlord actually accepted interpleaded funds after engaging in some misconduct during the course of the litigation.   The trial judge, especially learning about the acceptance of funds after continued activities, decided to strike the fee prayer in the complaint.  The appellate court affirmed, finding that evidence of misconduct was of record and that the lower court retained jurisdiction to pass on post-judgment fee proceedings while merits determinations were pending for appellate determination.  Appellants did not help their cause by labeling the trial judge’s findings as “gibberish” and “legal nonsense.”

            BLOG COMMENT—Are there any hillbillies in Malibu?  That one is tough to believe.  However, we do commend our readers to read “Hillbilly Elegy” by J.D. Vance for a poignant memoir of Rust Belt hillbillies.  References to Mamaw and Papaw are especially poignant.