Gunn v. Super. Ct.
Lezlie J. Gunn appeals from the trial court’s order granting the motion of Mai Kai Community Association (the Association) to strike or tax Gunn’s memorandum of costs. Although the Association voluntarily dismissed its lawsuit against Gunn before she responded to the complaint, her memorandum of costs sought to recover nearly $145,000 which included $134,070 in attorney fees.
We resolve doubts about our appellate jurisdiction by exercising our discretion to treat Gunn’s appeal as a petition for writ of mandate. We deny writ relief. Gunn did not file a properly noticed motion to recover attorney fees, which was ground alone to strike her request for such fees. The trial court also did not err in finding that neither Gunn nor the Association was the prevailing party under Civil Code section 1354, subdivision (c) (section 1354(c)). We deny the Association’s request for sanctions on appeal because the Association did not file a separate sanctions motion.
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