States

States v. Mackrell CA4/3

Good Law
Court of Appeal of CaliforniaMarch 9, 2026G065683California1,096 words

Opinion

Opinion

DISCUSSION

“The prevailing party in an action brought pursuant to this section may be awarded court costs and attorney’s fees, if any.” (Code Civ. Proc., § 527.6, subd. (s).) “The recovery of attorney fees under subdivision (s) of [Code of Civil Procedure] section 527.6 is committed to the trial court’s discretion.” (Wash v. Banda-Wash (2025) 108 Cal.App.5th 561, 568.) A discretionary attorney fees award may only be reversed “if no reasonable basis for the court’s action is shown.” (Hoffman v. Superior Ready Mix Concrete, L.P. (2018) 30 Cal.App.5th 474, 489.) The court awarded States $8,397.43 in attorney fees and costs for the 2024 request to extend the civil harassment restraining order against MacKrell. MacKrell filed a timely notice of appeal. The appellate record in this case is woefully inadequate. It includes only MacKrell’s response to the motion for attorney fees (not the

2 motion itself) and the trial court’s minute order. “A ruling by a trial court is presumed correct, and ambiguities are resolved in favor of affirmance.” (Winograd v. American Broadcasting Co. (1998) 68 Cal.App.4th 624, 631.) The burden of overcoming the presumption of correctness rests on the…

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