Special Fee Shifting Statute: $8,993.75 Fee Award In Dismissed Civil Harassment Restraining Order Proceeding Was Affirmed On Appeal As No Abuse Of Discretion

$13,051.75 Request Was Pared Down By The Lower Court.

            In Schumann v. Maxon, Case No. G061230 (4^th Dist., Div. 3 Mar. 21, 2023) (unpublished), plaintiff filed a civil harassment restraining order against her upstairs neighbor and neighbor’s attorney even though she voluntarily dismissed the matter.  Primary defendant, prevailing party, moved to recover discretionary fees under CCP § 527.6(s).  She sought $13,051.75 in total, but the lower court issued a fee order for $8,993.75, reduced for (1) multiple attorney internal conferences; (2) redacted billing entries; (3) vague entries; and (4) an excessive “fees on fees” request for bringing the attorney’s fees motion.

            Our local 4/3 DCA affirmed, in an opinion authored by Presiding Justice O’Leary.  The primary argument was that a fee award was not justified because plaintiff’s conduct was “in good faith,” but the Court of Appeal determined that the conduct of the parties did not matter as far as awarding fees under section 527.6.  (Krug v. Maschmeter, 172 Cal.App.4^th 796, 803 (2009).)  Also, the appellate court found that plaintiff never filed a fees motion with respect to her belief that she achieved her litigation objectives and that there was an admission in her appellate briefing which further supported the result on appeal.  When it came to the amount of the award, no detailed calculations needed to be made, which is the law in California for now unless there is a swing to federal courts requiring more specification.