Issuance Of Fee Order At The Actual Harassment Hearing Was Improper.
Due process does matter, and reasonableness of fees are usually determined through a noticed motion, as Bullock v. Anderson, Case No. B309230 (2d Dist., Div. 4 Mar. 15, 2022) (unpublished) makes clear. What happened here is that a lower court dismissed a civil harassment restraining order petition without prejudice and awarded fees to the other side. The fees order was reversed based on the failure of the prevailing party to file a noticed motion, usually required to determine one is a prevailing party and to determine the reasonableness of fees. The oral request at the end of the merits hearing did not satisfy due process requirements.