Zelaya

I. BACKGROUND

Zelaya and Arnold were residents of the same condominium complex. Their children often played together in Arnold’s home. After an incident where Arnold yelled at and physically escorted Zelaya’s son out of his home, Zelaya filed a request for a civil harassment restraining order against Arnold seeking protection for herself, her son, her mother, and her father. The court issued a temporary restraining order and set the matter for hearing to address a permanent order. Before the hearing, the parties attempted to negotiate a settlement. Although the parties were unable to resolve the matter, Zelaya dismissed the entire action without prejudice during negotiations. Arnold moved for prevailing party attorney fees and costs and requested sanctions. (Code Civ. Proc., §§ 128.5, 527.6, subd. (s), 1032.) Arnold argued that he was entitled to fees and costs as a prevailing party because dismissal was entered in his favor. He further argued that sanctions were appropriate because Zelaya’s frivolous request caused his information to be entered into the California Law Enforcement Telecommunications System (CLETS) database. Zelaya opposed the motion, arguing Arnold was not…