In what circumstances will a court award attorney fees under section 1021.9 of the California Code of Civil Procedure for a trespass action brought by a homeowner against her neighbour's dogs?

California, United States of America


The following excerpt is from Hoffman v. Superior Ready Mix Concrete, L.P., 241 Cal.Rptr.3d 476, 30 Cal.App.5th 474 (Cal. App. 2018):

In Haworth v. Lira (1991) 232 Cal.App.3d 1362, 284 Cal.Rptr. 62 ( Haworth ), the plaintiffs raised horses and other animals on their property in an area zoned as an " equestrian district, " which permitted homeowners to keep horses and other large domestic animals as an accessory to residential use. ( Id. at p. 1366, 284 Cal.Rptr. 62.) Plaintiffs prevailed in a trespass action against a neighbor after the neighbor's dogs came onto their property and injured one of their horses and bit one of the plaintiffs. ( Id. at pp. 1365, 1368, 284 Cal.Rptr. 62.) The appellate court held that the trial court had discretion to award attorney fees under section 1021.9 since the trespass occurred on lands used for the raising of livestock, holding that section 1021.9 was not limited to actions brought by commercial ranchers and farmers. ( Haworth, at pp. 1368-1371, 284 Cal.Rptr. 62.)

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