Friedman v. Grosso
A plaintiff who brought a petition for injunctive relief pursuant to Code of Civil Procedure section 527.6 appeals a judgment denying the petition and awarding attorney fees to the defendant. Section 527.6, subdivision (i) gives the trial court discretion to award attorney fees and costs to the prevailing party. The plaintiff claims error because the trial court, in awarding attorney fees to the prevailing defendant, did not make the further determination that plaintiffs action was unreasonable, frivolous, meritless or vexatious. Plaintiff provides no authority that the trial court must make this additional determination. The trial court denied plaintiffs application for an injunction because plaintiff had not established, by clear and convincing evidence, that future harm was highly probable. Therefore the trial court properly found that the defendant was the prevailing party. Court find no abuse of discretion in the attorney fee award, and affirm the judgment.
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