Lauren Drablier v. John Thomas McGuire

DEPARTMENT 510 LAW AND MOTION RULINGS

Thomas McGuire Defendant’s Motion for Bifurcation of Attorneys? Fees Defendant John Thomas McGuire moves to bifurcate “the issue of attorneys’ fees and costs of partition from the trial of the merits.” Defendant requests the Court reserve all issues related to attorney’s fees and costs for post-judgment determination. Courts may bifurcate trials “when the convenience of witnesses, the ends of justice, or the economy and efficiency of handling the litigation would be promoted? (Code Civ. Proc., § 598) or “in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy? (Code Civ.

Proc., § 1048(b)). The Court does not find good cause to bifurcate the trial. Code of Civil Procedure section 873.820 dictates the order in which the proceeds of a sale should be applied in a partition action. Under the statute,”[p]ayment of the other costs of partition’ precedes?[d]istribution of the residue among the parties.” (Code Civ. Proc., § 873.820.) The “costs of partition’ include?[r]easonable attorney's fees incurred or paid by a party for the common benefit.” (Code Civ. Proc., § 874.010(a).)

Therefore, the Court must consider whether attorneys’ fees were a cost of partition, and if so at what amount, before determining the distribution of any remaining sale proceeds between the parties. Defendant John Thomas McGuire’s motion for bifurcation of attorneys’ fees is denied. Home -->)" -->