Failure To Oppose Fee Request Sealed The Deal.
In Wofford v. Hollicks, Case No. B254518 (2d Dist., Div. 8 Aug. 20, 2015) (unpublished), an in pro per plaintiff brought a civil rights action based on a car impounding against the LAPD. He lost a summary judgment motion and did not oppose a request for an adverse fee award under Code of Civil Procedure section 1038, which provides for a mandatory award in favor of a governmental entity where a court determines that at the time of the granting of a summary judgment motion that the plaintiff failed to bring the proceeding with reasonable cause and in good faith belief that there was a justifiable controversy. The trial court granted LAPD fees of $152,120 out of a requested $271,555.
The fee award was found proper on appeal, mainly because plaintiff failed to oppose the section 1038 request at various phases of the proceeding. Beyond that, plaintiff could not demonstrate that his action was either objectively or subjectively plausible in nature. Plaintiff was also declared to be a vexatious litigant because he had more than five litigations determined adversely to him in the preceding seven years.