Attorneys’ Fees Are Not Automatically Awarded After Prevailing on a Motion to Expunge Lis Pendens

Simply because an individual prevails on an expungement motion, attorneys’ fees are not automatically awarded. The courts in California use what is known as the: “practical approach” when determining whether attorney’s fees should be awarded in a successful expungement motion. Following the practical approach, the trial court determines if the party filing the motion is the prevailing party [under section 405.38] by deciding which party ultimately realized their litigation objectives. Defining these objectives is not simply a matter of whether the lis pendens was withdrawn. Rather, it’s up to the court to consider the greater circumstances and assess whether the party bringing the motion prevailed. See Castro v. Superior Court, (2004) 116 Cal. App. 4th 1010, 1022-23.

Have questions about attorney’s fee awards? We urge you to contact our Los Angeles Lis Pendens Attorneys for a free consultation and case evaluation TODAY