Nominal Damages Did Not Support Award Of Attorney Fees In Real Property Dispute.

This case involves a vineyard versus winery boundary dispute. After a bench trial, the court ruled in favor of the vineyard, quieted title, granted injunctive relief, awarded $1 in damages for past trespass and awarded the vineyard $117,000 in attorney fees under CCP § 1021.9, which provides: “In any action to recover damages to personal or real property resulting from trespassing on lands either under cultivation or intended or used for the raising of livestock, the prevailing plaintiff shall be entitled to reasonable attorney’s fees in addition to other costs, and in addition to any liability for damages imposed by law.” In affirming in part and reversing in part, the appellate court found no error in admitting testimony of a witness who said a property owner treated the property line at a certain place for years prior to the litigation, noting such evidence does not violate the parol evidence rule and “the court considered it as evidence of the historical beliefs of adjoining landowners as to where the boundary lay.” But the appellate court found it was error to award attorney fees when only nominal damages were awarded without proof of actual injury to real or personal property. (Belle Terre Ranch, Inc. v. Wilson (Cal. App. First Dist., Div. 4; January 13, 2015) 232 Cal.App.4th 1468, [182 Cal.Rptr.3d 393].)