Hoffman

*479 *478 Plaintiff Lynda Hoffman owns 28 acres of land (the property), a portion of which is used to grow plants for an intended nursery. The property is adjacent to a 211-acre rock quarry (the quarry) owned by National Quarries Enterprises LLC and operated by Superior Ready Mix Concrete L.P. (together SRM). After Hoffman prevailed in a trespass action against SRM, the trial court awarded her costs as the prevailing party and attorney fees under Code of Civil Procedure 1 section 1021.9, which, in relevant part, allows the prevailing plaintiff to obtain reasonable attorney fees in any action to recover damages "to personal or real property resulting from trespassing on lands ... under cultivation."

SRM appeals, contending Hoffman is not entitled to attorney fees under section 1021.9 because SRM did not trespass onto the areas of land where she was actually growing nursery plants. Assuming we reject this argument, SRM argues that the trial court abused its discretion by awarding Hoffman $289,153.75 in attorney fees because the award was (a) not apportioned between her successful fee and unsuccessful non-fee causes of action, and (b) not reduced to reflect her limited success at…