Only Motion To Dismiss Fees Were Awarded.
Maroudas v. Carrillo, Case No. H050224 (6th 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 Nov. 14, 2023) (unpublished) is a situation where respondent was awarded attorney’s fees and costs under Welfare & Institutions Code section 15657.03(t), the elder abuse fee shifting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.