Civil Rights, Special Fee Shifting Statutes: $40,295 Civil Harassment Fee Award To Prevailing Party Affirmed, Although Amended Fee Order To Add Another Party Was Void Based On The Prior Fee Award Appeal

Trial Judge Rejected Fee Request For Half Based On The Party-Client Agreement.

            In Aaronoff v. Olson, Case No. B295388 (2d Dist., Div. 2 Jan. 24, 2023) (unpublished), prevailing party in a civil harassment proceeding (where the trial judge has discretion to award prevailing party fees per CCP § 527.6(a)) awarded $40,295 to the prevailing party, even though that party only requested half subject to an agreement with the client.  The trial judge awarded the full $40,295 after finding that the half cut was too arbitrary.  The appellate court agreed that the trial judge was not constrained by the parties’ internal agreement as far as awarding fee-shifting fees under section 527.6.  With respect to an amended fee order adding a different party, that award was void because it was stayed due to the pre-order appeal before the amended order was issued.