Welfare & Institutions Code Section 15657.5 Allows For A Mandatory Fee Award.
In Letitchevski v. Sosa, Case No. B333962 (2d Dist., Div. 7 May 22, 2025) (unpublished), plaintiff, on behalf of a dependent father, won a financial elder abuse claim involving father’s adult son, by which a property transfer was voided, $13,500 was awarded back to father, and a $750,000 Probate Code section 859 penalty was awarded against adult son. Then, the lower court awarded attorney’s fees to plaintiff under Welfare & Institutions Code section 15657.5(a), a mandatory financial elder abuse fee shifting statute, in the amount of $435,762, reduced from the $699,031.75 fee request.
On appeal, the 2/7 DCA reversed the Probate Code penalty, but affirmed the other components of the judgment. The fee award was sustainable because it was mandatory in nature and the lower court showed a proper exercise of discretion by reducing the award from the initial “ask.”