Fee Entitlement Was Grounded In CCP § 386.6(a), With No Real Objection To The Fee Work.
In Barrett Daffin Frappier Treder & Weiss v. Garau, Case No. B315960 (2d Dist., Div. 1 Jan. 30, 2024) (unpublished), non-judicial foreclosure trustee was awarded fees of $71,777.80 for bringing an interpleader action to resolve how excess surplus proceeds should be paid. Although former owners appealed from the fee award, it was affirmed. CCP § 386.6(a) does allow for fee entitlement in such an interpleader dispute, with appellant not lodging any real argument as to why the work was not justified so as not make award in trustee’s favor. (Cf. Southern Cal. Gas Co. v. Flannery, 232 Cal.App.4th 477, 492 (2014) [analogous fee award of $81,053.44 sustained on appeal].)
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