Award Of Attorney Fees Under Code Civ. Proc. § 527.6 Is Committed To The Discretion Of The Trial Court Regardless Of Prevailing Party Status
In Myers v. Dorsaneo, Case No. A161586 (1st Dist., Div. 1 October 18, 2021) (unpublished), the 1/1 DCA affirmed the trial court’s denial of Code Civ. Proc. § 527.6 attorney fees to civil harassment defendant following plaintiff’s voluntarily dismissal of the case after having obtained a temporary restraining order against defendant.
Defendant argued on appeal that in denying her § 527.6(s) fees, the trial court had abused its discretion by undercutting the right of dismissed defendants to prevailing party costs and fees under Code Civ. Proc. § 1032(a)(4). While the panel found that no case has held that a trial court must use the definitions provided in § 1032(a)(4) to determine a prevailing party in a civil harassment case, it found it unnecessary to determine whether the provisions of § 1032(a)(4) are controlling or just provide guidance in a civil harassment case. An award of § 527.6(s) fees is committed to the discretion of the trial court regardless of prevailing party status. In this case, the trial court determined it would not be appropriate to grant the attorney fees, and the panel saw no basis to conclude that the trial court abused its discretion.