The fee award stems from Fotsch’s broader lawsuit alleging unjust enrichment, conversion, and contract breaches following an unlawful-detainer proceeding initiated by Shroder. After Shroder successfully used California's anti-SLAPP law to excise liability claims based on that protected eviction action, the court held he was entitled to reasonable expenses. However, the judge disallowed unspecified future costs and reduced charges related to unsuccessful legal arguments. In total, the court approved $40,887.50 for the underlying strike motion, $3,605 for legal research, and $21,700 for the fee petition itself.
Key points
Prevailing partially on an anti-SLAPP motion entitles a litigant to reasonable statutory…: Prevailing partially on an anti-SLAPP motion entitles a litigant to reasonable statutory expenses under California law.
Billing excessive or repetitive hours on a fee petition can prompt a federal court to red…: Billing excessive or repetitive hours on a fee petition can prompt a federal court to reduce the requested recovery.
Striking portions of four allegations does not dismiss an entire lawsuit, permitting unde…: Striking portions of four allegations does not dismiss an entire lawsuit, permitting underlying claims and background evidence to proceed.
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A dispute over a shared home can continue long after a relationship ends, particularly when disagreements over property ownership turn into lengthy legal proceedings. In Sausalito, California, a former couple's fight over a house led to a separate dispute over attorney fees after one partner partly succeeded in getting allegations against him struck from a lawsuit. The legal battle took another turn when he sought $90,010 from his former partner to cover his legal expenses. In its October 30, 2026,
order in Fotsch v. Shroder, available in Justia, the US District Court for the Northern District of California granted the request in part, ordering Mackenzie Fotsch to pay Matthew Shroder $66,192.50 while rejecting his demand for additional, unspecified fees.
Dispute centred on a Sausalito property
Mackenzie Fotsch and Matthew Shroder, who were formerly in a romantic relationship, became involved in litigation concerning a house in Sausalito. Their dispute included an unlawful-detainer action that Shroder had filed and pursued against Fotsch. Fotsch subsequently brought claims against Shroder, including allegations involving contract disputes, unjust enrichment, breach of fiduciary duty and conversion. Shroder…
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