Just because a party prevails on their expungement motion does not mean an attorneys’ fees award is automatic. California courts utilize the “practical approach” when deciding whether to award attorney fees upon successfully bringing an expungement motion. Under the practical approach, a trial court must determine whether the moving party is the prevailing party under section 405.38 by analyzing the extent to which each party has realized its litigation objectives. To determine litigation objectives, it is not enough simply to consider that the lis pendens has been withdrawn; the court must consider and decide whether the moving party would have prevailed on the motion. See Castro v. Superior Court, (2004) 116 Cal. App. 4th 1010, 1022-23.
Contact our Los Angeles Lis Pendens Attorneys today for a free consultation and case evaluation.