Haworth

I. Introduction

Plaintiffs appeal from two postverdict orders which denied them attorney fees pursuant to Code of Civil Procedure section 1021.9 and double damages for injury to their horse as permitted by Food and Agricultural Code section 31501. Because we conclude that the trial court should have exercised its discretion and decided whether to award attorney fees and, if so, in what *1365 amount, as well as doubled the $1,500 award for injury to the horse, we reverse and remand this case to superior court so that the judgment may be modified to conform with the views expressed in this opinion.

II. Procedural Aspects

The complaint alleged that plaintiffs Margaret and Donna Haworth resided in an “equestrian zone” and were neighbors of defendants, Benjamin, Roberta, and Gabriel Lira. Plaintiffs alleged that over a substantial time period, defendants negligently failed to control and confine two pit bulldogs which repeatedly harassed plaintiffs and plaintiffs’ animals, causing emotional distress to plaintiffs. On one occasion one of defendants’ dogs came onto plaintiffs’ property and severely injured plaintiffs’ horse, Piper. On another occasion one of defendants’ dogs…

Concurring and Dissenting.—I respectfully dissent. I agree with the majority that the $1,500 damage award should be doubled. However, I would affirm the order which denies plaintiffs’ claim for attorney’s fees.

The usual rule is that prevailing civil litigants are not entitled to collect their attorney’s fees from the opposing party. (Code Civ. Proc., § 1021; Olson v. Arnett (1980) 113 Cal.App.3d 59, 67 [ 169 Cal.Rptr. 629 ].) Here we construe Code of Civil Procedure section 1021.9, a legislative exception to the general rule. The majority improperly expands this exception by giving the language a literal interpretation while ignoring the usual and ordinary sense of the words. In allowing attorney’s fees for actions resulting from trespass on “lands either under cultivation or intended or used for the raising of livestock” the Legislature invoked language relating to land use. The usual and ordinary import of the words “lands either under cultivation or intended or used for the raising of livestock” is lands in the agricultural industry.

Because the Legislature has used words relating to land use, it is appropriate to consider the local zoning ordinances regulating land…

Plaintiffs appeal from two postverdict orders which denied them attorney fees pursuant to Code of Civil Procedure section 1021.9 and double damages for injury to their horse as permitted by Food and Agricultural Code section 31501. Because we conclude that the trial court should have exercised its discretion and decided whether to award attorney fees and, if so, in what amount, as well as doubled the $1,500 award for injury to the horse, we reverse and remand this case to superior court so that the judgment may be modified to conform with the views expressed in this opinion.

The complaint alleged that plaintiffs Margaret and Donna Haworth resided in an "equestrian zone" and were neighbors of defendants, Benjamin, Roberta, and Gabriel Lira. Plaintiffs alleged that over a substantial time period, defendants negligently failed to control and confine two pit bulldogs which repeatedly harassed plaintiffs and plaintiffs' animals, causing emotional distress to plaintiffs. On one occasion one of defendants' dogs came onto plaintiffs' property and severely injured plaintiffs' horse, Piper. On another occasion one of defendants' dogs came onto plaintiffs' property…