Harlan

Harlan v. Esparza CA6

Good Law
Court of Appeal of CaliforniaJuly 16, 2024H051421California2,025 words

Opinion

Opinion

Wilson, J.

I. FACTUAL AND PROCEDURAL BACKGROUND3

A. CHRO Action and Decision4

On October 27, 2022, Harlan requested CHROs against defendants based on allegations that they had engaged in harassment shortly after becoming her neighbors. The trial court granted Harlan’s requests for temporary restraining orders. On February 22, 2023, the trial court held a hearing on Harlan’s CHRO requests. Following the hearing, the trial court denied the requests. B. Motion for Attorney’s Fees 1. Request for Fees and Opposition On April 20, 2023, defendants filed identical motions for attorney’s fees as prevailing parties in the CHRO actions pursuant to section 527.6, subdivision (s). Defendants argued that the court should exercise its discretion to award them fees because Harlan failed to prove harassment by clear and convincing evidence, and

1 Undesignated statutory references are to the Code of Civil Procedure. 2 On our own motion, we will consider the cases together for purposes of decision. 3 Because the record does not contain Harlan’s original CHRO requests or the minute order reflecting the trial court’s decision on the matter, we draw some of the information from the register of actions. 4…

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