LeBROCK

Department of Forestry & Fire Protection v. LeBrock

Good Law
117 Cal. Rptr. 2d 790·2002 Cal. App. LEXIS 1556·2002 Daily Journal DAR 2931·96 Cal. App. 4th 1137·2002 Cal. Daily Op. Serv. 2416
Court of Appeal of CaliforniaFebruary 11, 2002B149202California1,726 words

Opinion

Opinion

Perren, J.

Kelly LeBrock appeals from the denial of her motion for attorneys fees after she successfully defended a suit by respondent, California Department of Forestry and Fire Protection (CDF), to recover the costs of suppressing a fire originating on her property. We affirm.

Facts

After fighting a fire originating on LeBrock’s property, CDF sent her a letter demanding reimbursement of $230,062.63 for the costs incurred in suppressing and investigating the fire. LeBrock did not pay the demand and CFD filed suit alleging, among other things, that Health and Safety Code section 13009.1 “creates . . . liability for the . . . legal costs incurred . . . as a consequence of a fire.” The suit prayed for recovery of attorneys fees. In a cross-complaint which she later dismissed, LeBrock pled a reciprocal right of recovery for legal costs.

After the jury returned a defense verdict, LeBrock moved for attorneys fees of $100,642. The trial court denied LeBrock’s motion and she appeals.

Discussion

We independently review the legal question of whether section 13009.1 establishes the right to recover attorneys fees in this case. (See generally Santisas v. Goodin (1998) 17 Cal.4th 599, 606,…

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