A dispute over a shared home can continue long after a relationship ends, particularly when disagreements over property ownership turn into lengthy legal proceedings.
asserted
disagreements → share → 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.
asserted
allegations → lead → lawsuit
The legal battle took another turn when he sought $90,010 from his former partner to cover his legal expenses.
asserted
he → take → 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.
asserted
Court → grant → fees
Dispute centred on a Sausalito property
asserted
centred → centre → property
Mackenzie Fotsch and Matthew Shroder, who were formerly in a romantic relationship, became involved in litigation concerning a house in Sausalito.
asserted
who → become → Sausalito
Their dispute included an unlawful-detainer action that Shroder had filed and pursued against Fotsch.
asserted
Shroder → include → Fotsch
Fotsch subsequently brought claims against Shroder, including allegations involving contract disputes, unjust enrichment, breach of fiduciary duty and conversion.
uncertain
Fotsch → bring → duty
Shroder responded with a special motion to strike under California's anti-SLAPP law.
asserted
Shroder → respond → law
The law protects people from lawsuits targeting their exercise of constitutionally protected rights, including participation in legal proceedings.
asserted
law → protect → proceedings
Shroder argued that certain allegations in Fotsch's complaint relied on his protected litigation activities.
asserted
allegations → argue → activities
The court partly agreed, striking portions of four allegations to the extent that they made his filing, service and prosecution of the unlawful-detainer action a basis for liability.
asserted
filing → agree → liability
Those allegations could remain in the complaint as background and evidence.
uncertain
allegations → remain → background
However, it refused to dismiss the entire claims and allowed the unjust-enrichment claim to proceed.
uncertain
claim → refuse → claims
Shroder sought $90,010 in legal expenses
Following his partial success, Shroder sought attorney fees and costs under California's anti-SLAPP statute, which allows a defendant who prevails on a special motion to strike to recover reasonable legal expenses.
asserted
who → seek → expenses
His application totalled $90,010.
asserted
application → total → 90,010
This included $45,685 for the anti-SLAPP motion, $40,720 for preparing and arguing the subsequent attorney-fee motion, and $3,605 in Westlaw legal research charges.
asserted
This → include → charges
He also requested additional fees that might arise later.
uncertain
that → request → fees
The application covered work by three lawyers and a paralegal, whose hourly rates ranged from $225 to $900.
asserted
rates → cover → 900
Fotsch challenged the amount, arguing that Shroder had achieved only limited success because the court had allowed her claims to survive.
uncertain
claims → challenge → success
She also questioned the billing records, the hours claimed and the expenses associated with preparing the fee application.
asserted
She → question → application
She proposed limiting the award to $3,593, or at most $7,129.50, based on the portions of the anti-SLAPP motion that had succeeded.
asserted
that → propose → motion
She also opposed the research charges and the request for unspecified future fees.
asserted
She → oppose → fees
Court reduced the claimed attorney fees
asserted
Court → reduce → fees
The judge recognised that Shroder had not secured everything he requested.
asserted
he → recognise → everything
The court had rejected his attempt to strike entire claims and had allowed the unjust-enrichment claim to continue.
uncertain
claim → reject → claims
However, it found that removing the unlawful-detainer proceedings as a basis for liability and damages had materially narrowed the issues in the lawsuit.
asserted
removing → find → lawsuit
Rather than calculating fees solely according to the proportion of allegations struck, the court deducted time associated with unsuccessful portions of the motion.
uncertain
court → calculate → motion
It also removed an hour spent correcting an over-length reply brief.
asserted
It → remove → brief
The court consequently approved $40,887.50 in attorney fees for the anti-SLAPP proceedings.
asserted
court → approve → proceedings
It allowed the full $3,605 in Westlaw research expenses, finding that the charges were supported by itemised records and related to the legal issues.
asserted
charges → allow → issues
The judge separately examined the $40,720 requested for preparing the attorney-fee motion.
asserted
judge → examine → motion
The work involved 66.8 hours, including 63.4 hours by the principal drafter, nearly twice the 33.9 hours he had spent drafting the original anti-SLAPP motion.
asserted
he → involve → motion
The court considered this excessive.
asserted
this → consider → ?
It also noted that parts of the application repeated arguments already decided and included discussions of the lawyers' professional backgrounds and criticism of opposing counsel.
asserted
parts → note → counsel
The court therefore reduced the principal lawyer's claimed time by 50 per cent, bringing the recoverable fees for the fee application to $21,700.
asserted
court → reduce → 21,700
The court ordered Fotsch to pay Shroder $62,587.50 in attorney fees, comprising $40,887.50 for the anti-SLAPP proceedings and $21,700 for the fee application.
asserted
court → order → application
An additional $3,605 was allowed for legal research costs.
asserted
3,605 → allow → costs
The judge rejected Shroder's request for further, unquantified attorney fees, requiring any additional expenses to be specified and supported.
asserted
expenses → reject → fees
The October 30 order resolves the attorney-fee dispute, not the underlying disagreement over the Sausalito property.
asserted
order → resolve → property
…and 1 more, not listed.
The Aporia
