Second District, Division 6 Upholds Fee Award Exceeding $49,000.
In order to avoid a waiver, a litigant needs to challenge fee entitlement in proceedings below.
Porco v. Helm, Case No. B211138 (2d Dist., Div. 6 May 17, 2010) (unpublished) involved a trustee who was removed via a petition which requested “such attorney’s fees as may be allowable by law.” A fee request under the elder financial abuse statutes (Welfare and Institutions Code sections 15610.30(a) and 15657.5(a)) was made in an unopposed motion for judgment on the pleadings. Trustee never contested the fee entitlement in the proposed statement of decision or in the motion where fees were fixed by the lower court.
Results? In the lower court, trustee was assessed with costs of $3,824 and attorney’s fees of $46,480. On appeal, the Second District, Division 6 found a waiver on the fee entitlement issue, given the lack of challenges by trustee. Justice Coffee wrote the unpublished decision on behalf of a 3-0 panel.