Civil Rights: $3,780 In Attorney’s Fees Against Petitioner Losing Civil Harassment Restraining Order Reversed On Procedural Grounds

Oral Motion For Fees Or Fee Request In Responsive Pleading Before A Hearing Did Not Satisfy The Requirement To Bring Through A Noticed Motion.

            Petitioner losing a civil harassment restraining order was assessed with attorney’s fees under CCP § 527.6 (a fee-shifting provision in this area) to the tune of $3,780 in favor of prevailing respondent.  Petitioner appealed, with the 4/3 DCA reversing on procedural grounds in Sorgente v. Eagen, Case No. G056056 (4^th Dist., Div. 3 Aug. 26, 2019) (unpublished).

            The problem here was that CCP § 1033.5 generally requires a noticed motion for a fees award, with the civil harassment statute (CCP § 527.6) being no exception to this general rule.  (612 South LLC v. Lacone Limited Partnership, 184 Cal.App.4^th 1270, 1284 (2010); see also, generally, Hardie v. Nationstar Mortgage, LLC, 32 Cal.App.5^th 714, 720 (2019).)  Petitioner only sought fees through an oral motion or through a request in a responsive pleading filed right before the hearing.  That did not satisfy the noticed motion requirement such that a reversal was required.

            Presiding Justice O’Leary authored the 3-0 panel opinion.