Special Fee Shifting Statute: Defendant Winning Dismissal Of Civil Harassment Restraining Proceeding Only Obtains $5,000 Out Of Requested $11,500 In Fees

Fee Request Was Excessive, But Trope Argument Against Defendant Was Unavailing.

            A plaintiff dismissing a civil harassment restraining order proceeding, without informing defendant or the lower court of the dismissal, was subject to defendant’s fee motion under Code of Civil Procedure section 527.6(s), a discretionary fee-shifting statute.  The lower court in Khalili v. Hoag, Case No. B302744 (2d Dist., Div. 8 Apr. 28, 2021) (unpublished) awarded $5,000 out of a requested $11,500, because the trial judge found the request to be excessive.  The lower court properly extended the time to file the fee motion based on defendant’s family health situation, which dispatched the untimely filing argument.  Plaintiff then argued that defendant, an in pro per, could not obtain attorney’s fees under Trope, but that argument was rejected because there was testimony by an attorney that he had been retained to appear at the scheduled hearing.  The dismissal of the restraining order proceeding did make defendant the prevailing party.  (Adler v. Vaicius, 21 Cal.App.4^th 1770, 1777 (1993).)  Lowered fee award affirmed.