LeBROCK
Department of Forestry & Fire Protection v. LeBrock
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,…