California Court of Appeal

In this case involving a boundary dispute, judgment in favor of plaintiff-vineyard, quieting title in its favor, granting permanent injunctive relief against further trespass by defendant-vintners, and awarding nominal damages for past trespass and attorney fees pursuant to Code of Civil Procedure section 1021.9 is affirmed as to the resolution of the boundary dispute, enjoining of future trespass, and award of nominal damages, but reversed as to the award of attorney fees, where: 1) the legislative history of section 1021.9 supports the conclusion that nominal damages do not support an award of attorney fees, only actual, tangible harm does; 2) there is no evidence of any actual damages to plaintiff's property that would trigger the provisions of section 1021.9; and 3) plaintiff did not request damages in its prayer.

Appellate Information

• Decided 01/13/2015
• Published 01/13/2015

Judges

• Bolanos

Court

• California Court of Appeal

Counsel