Cases: Partition

Partition: No Abuse Of Discretion Where Trial Court Awarded Entirety Of Fees Incurred To Party In Partition Action When Other Party’s Litigation Conduct Unnecessarily Increased Fees For Both Sides

Cases: Partition

Code Civ. Proc. § 847.040 Allows For Equitable Considerations In Apportioning Costs, And § 847.010 Authorizes The Award Of Fees Incurred To Defend Meritless Claims.             In Diepen v. Bollinger, Case No. B299696 (2d Dist. Div. 6 September 21, 2020) (unpublished), a trial court granted an elderly mother’s request to partition a house she […]

Partition, Undertaking: No Abuse Of Discretion In Trial Court’s Denial To Plaintiff Of Fees/Costs Not Incurred In Partition Action, And No Error In Granting Disbursement Of Funds To Defendants While Appeal Was Pending

Cases: Partition, Cases: Undertaking

Plaintiff Was Not Entitled To Recover Code Civ. Proc. §§ 874.010 and 847.040 Fees/Costs Incurred Prior To Defendants’ Assertion Of Partition Claim, Nor To Fees/Costs Incurred Strictly For Plaintiff’s Benefit, And Undertaking Was Required To Stay The Case As Judgment Did Not Consist Of Only Fees/Costs.             Land Value Holdings, LLC v. Miller, Case No.

Allocation, Partition: Code Civ. Proc. § 874.010 Attorney’s Fee Award Of $105,147.50 For Partition Claim Affirmed Notwithstanding The Inclusion Of Fees Incurred For Other Causes Of Action

Cases: Allocation, Cases: Partition

All Of The Claims And Defenses In The Action Were Inextricable Intertwined.             In partition actions, Code Civ. Proc. § 874.010(a) authorizes an award of “[r]easonable attorney’s fees incurred or paid by a party for thee common benefit,” and Code Civ. Proc. § 874.040 requires the trial court to “apportion the costs of partition

Partition: Trial Judge Did Not Erroneously Order One Sibling In Partition Action To Pay A Greater Share of Attorney’s Fees Than Other Sibling Parties Based On Being Obstreperous During The Course Of The Litigation

Cases: Partition

Appealing Sibling Ordered To Pay $95,896.43 Out Of $184,847.52 Fee/Costs Award For Partition Litigation Expenses.             In a partition action, the court has discretion to apportion the costs of the action among the parties in proportion to their interests or “such other apportionment as may be equitable.”  (Code Civ. Proc., § 874.040.)  These costs encompass

Partition, Prevailing Party, Section 1717: Denial Of Section 1717 Attorneys’ Fees To Partially Successful Defendant In Partition Action Affirmed

Cases: Partition, Cases: Prevailing Party, Cases: Section 1717

Defendant Moved Under Civil Code Section 1717 Claiming Entitlement To Fees Pursuant To A Settlement Agreement She Unsuccessfully Sought To Enforce.             In Carmody v. Mayne, Case No. D076197 (4th Dist., Div. 1 March 30, 2020) (unpublished) Plaintiff and Defendant entered into an oral agreement to jointly purchase a single family home as an

Partition: 4/3 DCA, In Unpublished Decision, Allows Trial Court To Apportion Fees/Costs Following A Partition Sale Based On Equitable Circumstances

Cases: Partition

Panel Follows Lin Rather Than Finney On This Issue.             Although the particular facts are not that scintillating for posting purposes, Rahgoshay v. Luo, Case No. G056735 (4th Dist., Div. 3 Sept. 19, 2019) (unpublished), authored by Justice Fybel, does show how it lined up on the standard to be followed for purposes of apportioning

Partition, Prevailing Party, Section 1717: $99,761.46 Litigant Prevailing In Undeveloped Land Partition By Sale Dispute Was Entitled To Recovery

Cases: Partition, Cases: Prevailing Party, Cases: Section 1717

Litigant Awarded Fees Did Prevail Under CCP §§ 874.010/874.040 And Civil Code Section 1717.             In Shadab v. Goldberg, Case No. B277925 (2d Dist., Div. 6 Aug. 22, 2018) (unpublished), one side won a partition by sale of undeveloped land, with the trial court eventually awarding attorney’s fees of $99,761.46 after finding the fee claimant

Judgment Enforcement/Partition: Judgment Creditor Failed To File Appeal From Partition Distribution Order So As To Challenge Fees Awarded To Successful Party In Partition Action

Cases: Judgment Enforcement, Cases: Partition

Also, Judgment Creditor’s Lien Against Other Tenant In Common Did Not Impact Winning Tenant In Common’s Partition Award.             The Fourth District, Division 1, in Sikes v. Sikes, Case No. D071576 (4th Dist., Div. 1 June 27, 2018) (unpublished), dealt with a nasty partition fight between brothers where one brother induced another brother to relocate

Partition:  Appellate Court Reversed Lower Court’s Denial Of Request To Apportion Fees And Costs Based On Party’s Filing Only A Joinder Motion

Cases: Partition

1/3 DCA Believed Joinder Adequately Teed Up The Issue, Plus It Followed Lin Rather Than Finney On The Discretion Allowable When Making Partition Apportionment Adjudications.             Joinders can pose tricky issues for litigants and practitioners, with lower courts having very different “local, local” rules/protocols (sometimes not even articulated) about how joinders are to be presented

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