No Common Benefit Was Secured.
In Gentino v. Yaghoobia, Case No. B321102 (2d Dist., Div. 4 Oct. 12, 2023) (unpublished), plaintiff was defensed by a single defendant in a case alleging that plaintiff had a 50% ownership interest in a Long Beach property, with one of the claims being for partition. Defendant moved for fees under CCP § 874.010, but that fee request was denied. On appeal, the reviewing court agreed: the reason was simple, defendant obtained no “common benefit” between the parties, a requirement for an award of fees under the partition statute.