Matter Remanded To Consider Fees Request Under Two Statutes.
In Christner v. Sweeney, Case No. H040736 (6th Dist. June 19, 2015) (unpublished), an ex-boyfriend defendant defeated a TRO brought by plaintiff ex-girlfriend from a personal/business relationship under the Domestic Violence Protection Act. The lower court then denied defendant’s request for fees of $49,812.10 under two potential fee-shifting statutes, Family Code sections 6344 and 271.
The appellate court reversed. The lower court did not believe statutory fee entitlement predicates had been presented, but defendant had done so in Judicial Council form responsive papers. The matter had to be remanded for the trial judge to consider whether fees were proper under either or both statutes.