Judge: Nick A. Dourbetas, Case: 2020-01136309, Date: 2022-08-05 Tentative Ruling

Motion for Attorney Fees

Defendant / cross-complainant Donald Mehr dba Don’s Bail Bonds motion for attorney fees against cross-defendant Luis Mier is DENIED. 

Moving party seeks attorney fees against Mier pursuant to the Elder Abuse and Dependent Adult Protection Act, and/or under the “tort of another” doctrine.  Either theory requires a finding of Mier’s liability by the trier of fact, which has not occurred here.  (Welf. & Inst. Code, § 15657, subd. (a) [authorizing attorney fee recovery “[w]here it is proven by clear and convincing evidence that a defendant is liable for physical abuse as defined in Section 15610.63, neglect as defined in Section 15610.57, or abandonment as defined in Section 15610.05, and that the defendant has been guilty of recklessness, oppression, fraud, or malice in the commission of this abuse”]; Vacco Industries, Inc. v. Van Den Berg (1992) 5 Cal.App.4th 34, 56, citing Brandt v. Superior Court (1985) 37 Cal.3d 813, 819 [an “award of attorney's fees under the third party tortfeasor doctrine necessarily involves a damage issue” which must be submitted to the trier of fact”].)  Moving party cites no authority allowing the court to award attorney fees against a defendant prior to a finding of liability, and/or an adverse judgment. 

Clerk to give notice.