Stutz v. Davis

Opinion

KINGSLEY, J.

This is an appeal from a judgment awarding attorney fees in a partition proceeding. The appellant contends: (1) the trial court used the wrong formula in awarding fees; and (2) that the trial court improperly awarded attorney fees to two defendants in that action. We agree with appellant and reverse the portion of the judgment awarding fees.

Appellant and respondent were owners of commercial real property in Los Angeles County and held title as tenants in common. Appellant owned two-thirds of the property and respondent Stutz owned one-third. Plaintiff Stutz, respondent…