Neff v. Boschee CA2/6

Filed 4/20/21 Neff v. Boschee CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SIX

BURKLEY NEFF et al., 2d Crim. No. B302775 (Super. Ct. No. 56-2015-00471260- Plaintiffs and Appellants, CU-WE-VTA) (Ventura County) v.

HOLLY BOSCHEE et al.,

Defendants and Respondents.

Burkley Neff and Renita Kay Griffin appeal an order denying their motion for attorney fees pursuant to Civil Code section 789.3, subdivision (d) (attorney fees to prevailing party in wrongful eviction action).1 We affirm the trial court’s order denying attorney fees. This is the third appeal arising from a lawsuit regarding the ouster of Neff and Griffin from Neff’s Fillmore home following foreclosure proceedings. Their possessions, including sentimental

All statutory references are to the Civil Code unless 1

stated otherwise.

personal property, were removed from the home and damaged or destroyed when placed in a trailer and open boat parked outside the home. Prior to trial, Neff and Griffin received a statutory offer to compromise which they refused. Following a jury trial, they received a verdict for economic and noneconomic damages against caretaker Holly Boschee, real estate agent Carol Anderson, and real estate firm Vere Enterprises, Inc., doing business as RE/MAX of Valencia.2 Neff appeals and raises claims regarding the denial of his motion for attorney fees.3 We reject his claims and affirm. FACTUAL AND PROCEDURAL HISTORY On September 3, 2015, Neff filed a verified first amended complaint alleging causes of action for wrongful eviction and conversion, among others. Neff alleged that he was the owner of residential real property located at 353 4th Street in Fillmore. On June 2, 2015, Bank of America held a foreclosure sale of the property. Neff and Griffin were then in legal possession, but temporarily residing elsewhere, caregiving for an elderly family member. Prior to the date of the foreclosure sale, Neff permitted Boschee to move onto the property as a caretaker.