States v. Mackrell CA4/3

Filed 3/9/26 States v. Mackrell CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

JESSICA STATES,

Plaintiff and Respondent, G065683

v. (Super. Ct. No. 30-2018-01024594)

JEANIE MACKRELL, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Glenn Mondo, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed. Jeanie MacKrell, in pro. per., for Defendant and Appellant. No appearance for Plaintiff and Respondent. * * *

In 2018, the trial court issued a civil harassment restraining order against Jeanie MacKrell and in favor of Jessica States. (Code Civ. Proc., § 527.6.) At States’s request, the court renewed the restraining order twice, most recently in November 2024. After the November 2024 renewal of the restraining order, States filed a motion for attorney fees pursuant to Code of Civil Procedure section 527.6, subdivision (s). The trial court granted the motion and awarded attorney fees to States and against MacKrell. MacKrell appeals from the order awarding attorney fees. We affirm. Code of Civil Procedure section 527.6 gives the trial court discretion to award attorney fees to the prevailing party in a civil harassment restraining order proceeding and does not require the court to determine either party’s ability to pay before doing so. We find no abuse of discretion in the court’s award of attorney fees to the prevailing party, States. DISCUSSION “The prevailing party in an action brought pursuant to this section may be awarded court costs and attorney’s fees, if any.” (Code Civ. Proc., § 527.6, subd. (s).) “The recovery of attorney fees under subdivision (s) of [Code of Civil Procedure] section 527.6 is committed to the trial court’s discretion.” (Wash v. Banda-Wash (2025) 108 Cal.App.5th 561, 568.) A discretionary attorney fees award may only be reversed “if no reasonable basis for the court’s action is shown.” (Hoffman v. Superior Ready Mix Concrete, L.P. (2018) 30 Cal.App.5th 474, 489.) The court awarded States $8,397.43 in attorney fees and costs for the 2024 request to extend the civil harassment restraining order against MacKrell. MacKrell filed a timely notice of appeal. The appellate record in this case is woefully inadequate. It includes only MacKrell’s response to the motion for attorney fees (not the