Adler v. Vaicius

Opinion

STONE (S. J.), P. J.

Theresa Adler appeals from an order awarding attorney fees pursuant to Code of Civil Procedure section 527.6, subdivision (h). She asserts that the court cannot award a defendant attorney fees where she has been deprived of the opportunity to proceed to a full, due process hearing under section 527.6 through no fault of her own and that where the plaintiff has a temporary restraining order, the court should award attorney fees in her favor if the circumstances so warrant.

We hold that appellant was not deprived of a “full, due process hearing” since she voluntarily…