DeMartini

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

TIMOTHY P. DEMARTINI, et al., No. 2:14-cv-02722-DJC-CKD

Plaintiffs, v. ORDER MICHAEL J. DEMARTINI, et al., 14 Defendants.

Before the Court is Plaintiffs Timothy DeMartini and Margie DeMartini’s Motion

for Allocation of Statutory Partition Costs. Plaintiffs argue they have incurred

attorney’s fees and costs while litigating this partition action for work that benefits all

Parties in common. Plaintiffs argue that, under California law, these fees and costs

must be apportioned among the Parties. Defendants Michael DeMartini and Renate

DeMartini oppose the apportionment of any fees and costs arguing they are excessive and the work performed by Plaintiffs’ counsel did not serve the common benefit. Having considered the Parties’ briefings and arguments, the Court finds that apportionment of Plaintiffs’ fees and costs is appropriate as they compensate Plaintiffs’ counsel for work performed for the Parties’ common good…