Wilson

This case involves a boundary dispute between a Healdsburg vineyard and the winery operators on the adjacent property. After a bench trial, the court ruled in favor of the vineyard, quieting title in its favor and granting permanent injunctive relief against further trespass by the vintners. The court also awarded $1 in nominal damages for past trespass, and upon that basis awarded the vineyard its attorney fees in the amount of nearly $117,000 under Code of Civil Procedure section 1021.9. We affirm the judgment insofar as it resolved the boundary dispute, enjoined future trespass, and awarded nominal damages, but we reverse the award of attorney fees.

I. BACKGROUND

In February 2000, Kenneth C. Wilson (Wilson) and Diane Wilson purchased the Soda Rock Winery property (Soda Rock) in the Alexander Valley. On the property was a century-old historic winery building that had fallen into disrepair. The Wilsons planned to, and over the next decade did, restore the winery. Their plan was to use the front of the old winery building as a tasting area, while the rear would be used to receive deliveries.

The rear of the winery building backs up to the vineyard belonging to Belle…