Allocation, Reasonableness Of Fees: $45,000 Fee Award To Prevailing Party In Civil Harassment Restraining Order Case Affirmed On Appeal

Neighborhood Squabble Involving Dogs . . . . ARF!

            Kinda hard to believe that neighbors can get into such nasty squabbles, but we chalk it up to human nature.  Unfortunately, dogs—which we believe to be great gifts to mankind—often times are at the center of these disputes.

            In this one, Thomas v. Olshansky, Case No. B289502 (2d Dist., Div. 8 May 30, 2019) (unpublished), a neighborhood squabble over dogs and other things escalated into five separate proceedings for a civil harassment restraining order, animal control proceeding, etc.  In the end, the civil harassment proceeding respondent prevailed, then requesting $45,000 in fees given that the civil harassment scheme does have a fee-shifting statute (not contested by anyone).  The lower court denied losing petitioner’s request for $51,000 in fees.  Appellant claimed that it was error not to apportion fees between the five different cases, but this argument was rejected under the circumstances because everything was wrapped up in a massive factual heap.  The $45,000 fee award was affirmed—but can you believe almost $100,000 in fees between the two sides were spent on this squabble?  Apparently so.