Leiper

Filed 9/23/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

GARY D. LEIPER as Trustee, 2d Civil No. B309986 etc., (Super. Ct. No. P073688) (Ventura County) Plaintiff,

v.

DENNIS GALLEGOS,

Defendant;

JOHN L. POOLE,

Objector and Appellant;

BANK OF THE WEST, as Trustee, etc.,

Objector and Respondent.

John L. Poole appeals from an order denying his motion for attorney fees and costs. Poole, an attorney, represented only himself. His appeal presents the following issue: May an attorney who represents only himself (pro se attorney) recover attorney fees and costs in equity under the common fund theory? This theory is an exception to “the American rule, which provides that each party to a lawsuit must ordinarily pay his own attorney fees.” (Trope v. Katz (1995) 11 Cal.4th 274, 278 (Trope).) In Trope, the California Supreme Court held “that an attorney who chooses to litigate in propria persona and therefore does not pay or become liable to pay consideration in exchange for legal representation cannot recover ‘reasonable attorney’s fees’ under [Civil Code] section…