Landlord/Tenant: Reversal Of Tenant’s Civil Harassment Restraining Order In Landlord/Tenant Dispute Did Not Require Fee Award In Landlord’s Favor

Trial Court Did Not Abuse Its Discretion In Denying Fees Under CCP § 527.6(s).

            In Ewing v. Greenlee, Case No. A155828 (1^st Dist., Div. 3 Aug. 30, 2019) (unpublished), a trial judge denied a discretionary request for a $15,000 attorney’s fees award by the prevailing party in a civil harassment.  Code of Civil Procedure section 527.6(s) specifies that the prevailing party in a civil harassment actions “may” be awarded attorney’s fees.  Earlier, the appellate court had reversed the lower court’s grant of a harassment restraining order because the dispute between the parties concerned disputed property rights, not civil harassment, so the proper forum for its resolution was through an unlawful detainer action.  The 1/3 DCA also affirmed the fee denial order, determining that the harassment request by the non-attorney was not brought in bad faith—a factual call by the trial judge it was unwilling to interfere with.