Equity, Prevailing Party: $54,914.25 Fee Award For Replacement Referee Interim Victory Was Premature

Based On Unique Circumstances Of The Litigation, Fee Request Was Premature Until The Overall Merits Were Decided.

            Equity does factor in attorney’s fees awards, as Hot Rods, LLC v. Northrop Grumman Systems Corp., Case No. G061449 (4^th Dist., Div. 3 Jan. 25, 2024) (unpublished) makes clear.

            This contentious litigation between the parties involved multiple proceedings and appeals over parties’ responsibilities for environmental contamination of an Anaheim property, which produced some wins and losses for both sides.  The current appeal focused on a $54,914.25 fee award for one party prevailing on an interim victory of obtaining a replacement referee.  However, given that the merits of the motions were not addressed, the 4/3 DCA, in an opinion authored by Justice Moore, reversed because it was premature, with a remand to see what happened at later junctures of the litigation to determine who prevails.