Special Fee Shifting Statute: Plaintiff Losing A Contested Civil Harassment Restraining Order Proceeding Properly Saddled With $37,139.01 In Attorney’s Fees And Costs

Ability To Pay Was Acknowledged And Was A Minor Consideration.

            Litigants in civil harassment restraining order proceedings need to be aware that there is a discretionary prevailing party fee-shifting statute under Code of Civil Procedure section 527.6(s).   In Nicolino v. Rey, Case No. B307752 (2d Dist., Div. 5 Apr. 27, 2022) (unpublished), plaintiff lost a heavily contested civil harassment restraining order request against defendant, making acerbic remarks before the lower court.  That court awarded defendant $37,139.01 in attorney’s fees and costs as against plaintiff.  Her appeal did not result in any change.  She argued ability to pay (which is a factor) was not considered, but the lower court acknowledged she did have an ability to pay but it was a minor consideration based on the totality of circumstances, a conclusion agreed with by the reviewing court.  She also argued that work relating to a motion to seal records was noncompensable, but it was because the work did occur in the context of the restraining order proceeding.