Special Fee Shifting Statutes: Respondent Obtaining Dismissal Of Elder Abuse Restraining Case After Petitioner Died Was Properly Awarded Partial Fees For Obtaining The Dismissal

Only Motion To Dismiss Fees Were Awarded.

            Maroudas v. Carrillo, Case No. H050224 (6^th Dist. Nov. 14, 2023) (unpublished) is a situation where respondent was awarded attorney’s fees and costs under Welfare & Institutions Code section 15657.03(t), the elder abuse fee shifting statute, for obtaining a dismissal of a petition after the petitioner died.  The lower court only granted lodestar fees and costs for obtaining the dismissal, using the definition of a prevailing party under CCP § 1032 (where a defendant obtains a dismissal).  The appellate court found these limited fees and costs were justified, especially where the fees were only $5,150 and costs were $158.52.