Fees As Damages: Fees Properly Awarded As Damages To Prevailing Party In A Slander Of Title Action

Routine Costs Were Also Awarded, No “Double Dip.”

               In California State Grange v. San Louis Obispo Guild Hall, Case No. B326399 (2d Dist., Div. 6 Apr. 15, 2025) (unpublished), among other issues, the appellate court affirmed an award of fees as damages to a prevailing party on a slander of title claim.  Fees and costs necessary to clear title or remove a doubt cast on it by defendant’s falsehood are proper pecuniary damages for purposes of a slander of title cause of action.  (Summer Hills Homeowners’ Assn., Inc. v. Rio Mesa Holdings, LLC, 205 Cal.App.4^th 999, 1030 (2012).)  The panel rejected the argument that it had to be determined at a trial, because a noticed motion procedure is the equivalent of a trial on this issue.   Finally, an award of routine costs was no “double dip” because it was separate from the fees recovered as damages.