Section 1717: $74,930.80 Fee Award And $18,339.56 Costs Award Against Prevailing Party Neighbors In Equitable Servitude Dispute Affirmed On Appeal

Equitable Servitude in an Amended Declaration if a Contract Under Civil Code Section 1717.

         In DeBevoise v. Robinson, Case Nos. D078207/D078679 (4^th Dist., Div. 1 Dec. 29, 2022) (unpublished), neighbors got involved in an equitable easement dispute, with plaintiffs/cross-defendants getting equitable easement relief and also obtaining a prevailing party contractual fees award under an Amended Declaration running with the land to the tune of $74,930.80 in attorney’s fees and $18,339.56 in costs.  (This was a drastic reduction from the requested $433,814 in fees and $33,837.73 in costs after the trial judge commented that this was one of the worst fee applications he had been presented with.)  The non-prevailing parties appealed, arguing there was no fee entitlement.  But there was, according to the appellate court.  The Amended Declaration was an equitable servitude which is an enforceable contract giving rise to fee exposure, such that entitlement did lie.  (Mackinder v. OSCA Development Co., 151 Cal.App.3d 728, 738 (1984).)