Trial Court Appropriately Apportioned Out Fee Work Unrelated to Statutory Injunctive Relief Claim.
Generally, no award of attorney’s fees is available in an invasion of privacy action. However, in a statutory action for injunctive relief under Code of Civil Procedure section 527.6(i) (a statutory harassment/violence statute), the prevailing party may be awarded court costs and attorney’s fees in the court’s discretion.
The trial court in Kempton v. Harris, Case No. B210894 (2d Dist., Div. 3 May 24, 2010) (unpublished) awarded some winning defendants $57,407.29 in fees and costs under section 527.6(i), out of a requested $161,515. Defendants appealed from the lower court’s decision to apportion out significant fees for work not related to the statutory harassment/violence claim.
On appeal, the fee award decision was affirmed. The conduct giving rise to a section 527.6 award differs from that which provides a basis for tort recovery for invasion of privacy. Because a considerable portion of the requested fees was incurred before the 527.6 claim was alleged, the lower court did not err in its apportionment decision. However, because the defendants beat back plaintiff’ challenges to the adverse merit judgment, they were entitled to fees on appeal.