Appellate Court Deferred to Trial Court.
In a very frequent occurrence, the appellate court in Brown v. Evpak, Case No. C069590 (3d Dist. Dec. 3, 2013) (unpublished) did what we have seen in the past with respect to these types of disputes. After affirming a case with a civil harassment fee-shifting statute, it remanded any statutory fee entitlement on appeal to the trial court to make a decision as far as entitlement or any fee amount. After all, trial judges, rather than appellate jurists, have better resources to do so!