Respondent’s Counsel Discounted His Fees; And, While Inability to Pay Is Not A 527.6 Factor, The Lower Court Did Take It Into Account By Allowing The Fee Award Payments To Be Made Over 30 Months.
In Naeini v. Leuchter, Case No. B341481 (2d Dist., Div. 7 Mar. 26, 2026) (unpublished), petitioner lost a civil harassment restraining order (CHRO) proceeding against a neighbor, who moved to recover $6,000 in attorney’s fees under CCP § 527.6 (with his attorney discounting his work effort downward from $8,450). The lower court granted the request, ordering that losing petitioner pay the award over 30 months at $200 per month. Petitioner’s appeal was unsuccessful. The lower court was reasonable in granting the fees, finding that the whole matter could have been resolved less expensively through HOA processes. Further, even though inability to pay is not a factor that has to be considered under section 527.6, the lower court did in ordering a more lengthy payment schedule based on petitioner’s financial submissions.