Special Fee Shifting Statute: Plaintiff Elder Losing Restraining Order Against Defendant Properly Subject To Fee Exposure

Welfare And Institutions Code Section 15657.03(t) Did Allow For Fee Shifting.

            In Baca v. Sukert, Case No. D074512 (4^th Dist., Div. 1 Dec. 24, 2019) (unpublished), plaintiff elder, after winning a fleeting TRO which was dismissed, lost an elder abuse restraining order against defendant property manager in a longstanding feud with the place she was staying and its property manager.  Welfare and Institutions Code section 15657.03(t) allows for a discretionary award of attorney’s fees and costs to a prevailing party in this type of dispute.  The trial court granted defendant property manager all of his requested $14,699.25 in fees and $40 in costs.  Plaintiff’s appeal did not change things.  First, plaintiff failed to oppose the fee motion, such that any arguments were forfeited in response.  (Blackburn v. Charnley, 117 Cal.App.4^th 758, 769 (2004).)  Beyond that, on the merits, the fee award was no abuse of discretion given the acrimonious background of the entire litigation, despite the appellate court conceding the award was more substantial than it had seen in other cases.