Guerra

I. INTRODUCTION

Defendant and appellant, Elaine Bailey-Holden, appeals the postjudgment order

denying her motion to recover $7,218.75 in attorney fees she incurred in defending a civil

1 harassment proceeding brought by plaintiff and respondent, Crystal Guerra. (Code Civ.

Proc., § 527.6.)1 Guerra dismissed the civil harassment proceeding shortly after Bailey-

Holden moved out of Guerra’s home. Bailey-Holden then moved to recover her attorney

fees from Guerra based on a “prevailing party” attorney fee provision in the residential

rental agreement (lease) between herself and Guerra, Code of Civil Procedure section

1032 and Civil Code section 1717.

On appeal, Bailey-Holden claims she was entitled to recover her attorney fees “as

a matter of right” because the civil harassment proceeding was dismissed in her favor.

(Code Civ. Proc., § 1032, subds. (a)(4), (b).) Based on the dismissal, she argues she was

the prevailing party for purposes of the attorney fee provision of the lease, Code of Civil

Procedure section 1032 and Civil Code section 1717. We disagree and conclude that

Bailey’s attorney fee motion was properly denied.

As we explain, the court had discretion to…