Koefoed v. Camejo
On plaintiffs cause of action for partition the trial court ordered the sale of the real property owned by plaintiff and defendant as tenants in common, distributed the proceeds and awarded plaintiff his attorney fees and costs out of defendants share. Defendants appeal alleges the trial court erred in awarding one half the imputed rental value of the premises to plaintiff and in awarding plaintiff his attorney fees and costs from defendants share of the proceeds. Court affirm the judgment insofar as it credits plaintiff with one half the imputed rental value of the premises and reverse as to the award of attorney fees and costs. Court remand the cause to the trial court for an apportionment of both parties attorney fees and costs in proportion to their interest in the property.
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