Appeal Sanctions, Special Fee Shifting Statutes: Plaintiff Obtaining Restraining Order Against Neighbor And Successfully Defeating Neighbor’s Appeals Was Denied Her §527.6(s) Request For Trial And Appellate Fees, And For Appeal Sanctions

Plaintiff Did Not Appeal Trial Court’s Fees Denial, Failed To Provide Appellate Panel With Support Or Argument For §527.6(s) Award For Fees Incurred On Appeal, And Neighbor’s Meritless Appeals Did Not Rise To The Level Of Frivolity So As To Warrant Sanctions.

            After granting plaintiff’s request for a temporary and later permanent restraining order against her neighbor, the trial court denied plaintiff’s request for $9,556.58 in Code Civ. Proc. §527.6(s) attorney fees by leaving blank the portion of the restraining order form where fees are awarded.  When neighbor unsuccessfully appealed issuance of both restraining orders, plaintiff requested an order that neighbor pay the more than $30,000 in attorney’s fees she had incurred in the trial court and on appeal, pursuant to §527.6(s), and for costs, damages, and sanctions.

            With exception only as to her prevailing party appellate costs, the 1/1 DCA denied plaintiff’s requests in Anello v. Schmid, Case Nos. A160440/A160540 (1^st Dist., Div. 1 June 11, 2021) (unpublished).  Plaintiff had not appealed the trial court’s fees denial, so those fees were not up for consideration, and plaintiff failed to provide the panel with support or argument for awarding her with the fees she incurred on appeal.  Finally, the panel denied plaintiff’s request for sanctions because, although finding neighbor’s appeals to have been poorly conceived and lacking merit, it did not find them to be frivolous or filed for purpose of delay.