(PS) Vodonick v. Federal National Mortgage Assoc., Inc.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 JOHN VODONICK, No. 2:21-cv-1008-JAM-EFB PS Plaintiff, v. ORDER FEDERAL NATIONAL MORTGAGE

ASSOCIATION, INC.,

14 Defendant.

16 Defendant filed a motion to expunge lis pendens, ECF No. 13, and, on March 1, 2022, the court recommended that it be granted, ECF No. 25. That recommendation was adopted over plaintiff’s objections on April 4, 2022. ECF No. 28. The only matter remaining to be resolved from that motion is what attorney’s fees defendant is entitled to. In granting the motion to expunge, the court must award reasonable attorney’s fees and costs unless plaintiff “acted with substantial justification or that other circumstances make the imposition of attorney’s fees and costs unjust.” Cal. Code Civ. Proc. § 405.38. Plaintiff bears the burden of proving that he acted with substantial justification. See Am. Nat’l Red Cross v. United Way Calif. Capital Region, No. CIV S-07-1236-WBS-DAD, 2007 U.S. Dist. LEXIS 95296, 2007 WL…