Interlocutory Determination Of Entitlement Was Not Binding, With Section 3070 Being Inapplicable With Respect To Fee Recovery.
Plaintiff won an apartment complex car towing dispute against some defendants, but she was denied requested attorney’s fees under Civil Code section 3070 in Ramsey v. Moore St. Investments, Inc., Case Nos. D084287 et al. (4th Dist., Div. 1 Jan. 8, 2026) (unpublished). Plaintiff’s appeal was unsuccessful on the fee denial. Although the lower court initially had determined there might be fee entitlement in the judgment, that determination was interlocutory, not binding, and subject to change. (PR Burke Corp. v. Victor Valley Wastewater Reclamation Authority, 98 Cal.App.4th 1047, 1055 (2022).) Civil Code section 3070(d) did not allow for fee recovery; although there was an illegal towing, no evidence showed the towing was done to create a lien hold interest against the car (a predicate for fee entitlement under the statute).