Deadlines, Fees As Damages: Former Counsel In Contempt Proceeding For A Prevailing Party Was Entitled To A Fee Award Under CCP § 1218

Fee Request Was Reduced, But Lower Court Found That Prevailing Party’s Subsequent Counsel’s Withdrawal Of A Prior Timely Fee Motion Allowed Former Counsel A Reason To Still Have It Heard In The Lower Court’s Discretion.

               In Vista Land, LLC v. Robinson, Case No. B331975 (2d Dist., Div. 3 June 26, 2025) (unpublished), defendants were found guilty of contempt and were hit with an adverse award of attorney’s fees by the prevailing party, expressly allowable under CCP § 1218.  The lower court allowed former attorney to receive $61,875 in fees, inclusive of a 1.5 multiplier, much reduced from the requested $155,295.79 inclusive of a 1.75 multiplier.  Also, former counsel was allowed to proceed with an untimely fee motion because his client’s subsequent counsel inexplicably withdrew a timely filed fees motion.  The appellate court affirmed.  There was good cause to allow the renewed fee motion to be considered, with the reduced amount no abuse of discretion given that the lower court reduced the requested hours from 146 to 75.