Partition: Trial Judge Did Not Abuse Her Discretion In Allocation of Fees In Partition Dispute

Fees Were Proportionally Allocated, Although Decreased For One Party A Little More For Vague Billings.

            The lower court in Orien v. Lutz, Case No. B289959 (2d Dist., Div. 8 April 30, 2019) (unpublished), apportioned attorney’s fees in a partition dispute for a common benefit proportionately between three parties under Code of Civil Procedure section 874.040. However, the trial judge also reduced one sibling’s fees by a quarter based on vague billings. That reduction from the proportionate amount was no abuse of discretion, because vague billings can justify such a further decrease from the one-third/one-third/one-third allocation made by the lower court. Affirmed.