19-CIV-00109 THIAGO FERNANDES MARTINELLI VS. ADRIANO SOUZA LOPES

THIAGO FERNANDES MARTINELLI ADRIANO SOUZA LOPES
PRO/PER FRANCISCO RODRIGUEZ

MOTION FOR COSTS AND ATTORNEY FEES BY ADRIANO SOUZA LOPES TENTATIVE RULING:

Respondent Adriano Souza Lopes’ Motion for Attorney Fees and Costs, filed 02-15-19, is DENIED. Code Civ. Proc. §527.6. Fee awards under §527.6 are discretionary. Krug v. Maschmeier (2009) 172 Cal.App.4th 796, 802. Without minimizing the significance of Respondent having to incur legal expenses in his defense, the Court finds the evidence here insufficient to justify a fee award. Lopes argues he was falsely accused of threatening to kill Petitioner and ultimately “prevailed on the merits.” The Minute Order for the 02-15-19 hearing indicates that no one (no party and no attorney) showed up for the hearing. Thus, the Temporary Restraining Order (TRO) dissolved because no one appeared – not because of any valid defense and not because the allegations were not credible. The moving papers provide no explanation as to why Respondent requested a continued hearing date and then failed to appear. Further, there is no evidence in the record that the allegations made against Mr. Lopes are false. For at least these reasons, the motion is denied.

If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to Rule 3.1308(a)(1), adopted by Local Rule 3.10, effective immediately, and no formal order pursuant to Rule 3.1312 or any other notice is required as the tentative ruling affords sufficient notice to the parties.