Sese

Filed 7/22/16 pub. order 8/18/16 (see end of opn.)

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Sacramento) ----

DANILO SESE,

Plaintiff and Appellant, C074663

v. (Super. Ct. No. 34201300144287CUWEGDS)

WELLS FARGO BANK N.A.,

Defendant and Respondent.

Appellant Danilo Sese seeks to challenge an order denying his motion for interim attorney fees under Civil Code section 2924.12, a provision in the California Homeowner Bill of Rights.1 Subdivision (i) of section 2924.12 provides that “[a] court may award a prevailing borrower reasonable attorney’s fees and costs in an action brought pursuant to this section. A borrower shall be deemed to have prevailed for purposes of this subdivision if the borrower obtained injunctive relief or was awarded damages pursuant to this section.” Having secured a preliminary injunction to enjoin the foreclosure sale of

Undesignated statutory references are to the Civil Code.

1 his residential real property, Sese moved for attorney fees of $100,865. The trial court denied the motion on grounds section 2924.12, subdivision…