Even Though Award Larger Than Most Interpleader Fee Awards, No Abuse Of Discretion In Denying $83,473.09 Fee Request By Neutral Stakeholder Plaintiff.
In California Apartment Properties Ltd v. Norton, Case No. B291601 (2d Dist., Div. 2 Dec. 20, 2019) (unpublished), an investment advisor—the neutral stakeholder—filed an interpleader action against ex-wife, ex-husband’s estate, and two sons, and deposited almost $91,000 of disputed funds into the court registry. After plaintiff was discharged from liability, it sought $83,473.09 in attorney’s fees under CCP § 386.6(a) [a statutory fee provision relating to interpleaders]. The lower court awarded $16,000 out of the requested fees, determining it was a larger fee award than usual in interpleaders but finding the matter was more complicated than the general vanilla interpleader. The 2/2 DCA affirmed those conclusions as well as the amount of the fees given the trial judge’s conclusion that the request was exorbitant.