Cook v. Grebe

429 P.3d 1161

Gregory COOK, Plaintiff/Counter-Defendant/Appellant,

v.Cynthia GREBE, et al., Defendants/Counter-Claimants/Appellees.

No. 1 CA-CV 17-0211

Court of Appeals of Arizona, Division 1.

FILED September 11, 2018

The East Valley Law Firm, Chandler, By Daryl R. Wilson, Counsel for Plaintiff/Counter-Defendant/Appellant

MacQueen & Gottlieb, PLC, Phoenix, By Benjamin L. Gottlieb, Patrick R. MacQueen, Counsel for Defendants/Counter-Claimants/Appellees

Presiding Judge Michael J. Brown delivered the opinion of the Court, in which Judge Maria Elena Cruz and Judge Maurice Portley¹ joined.

BROWN, Judge:

¶1 The issue we address is whether a party who prevails on quiet title claims but loses on other claims or defenses is nonetheless eligible to recover attorneys' fees under Arizona Revised Statutes ("A.R.S.") section 12-1103(B). For the following reasons, we conclude that the statute’s prevailing-party determination is controlled by whomever prevails on the quiet title claims, and that non-quiet title claims are relevant only for purposes of deciding whether, in the court’s discretion, attorneys' fees should be awarded and in what amount.

BACKGROUND

¶2 Gregory Cook and Cynthia Grebe are neighboring property owners.² Cook filed a complaint in superior court alleging he adversely possessed Grebe’s property by using and maintaining it for more than 15 years. Cook also alleged that Grebe’s failure to maintain and secure the property created a private nuisance. Grebe filed counterclaims alleging quiet title, conversion, unjust enrichment, and trespass. After considering competing motions for summary judgment, the superior court granted partial summary judgment in favor of Cook on Grebe’s conversion counterclaim.

¶3 Near the end of the jury trial on the remaining claims, the superior court struck Grebe’s unjust enrichment claim. The jury found in Grebe’s favor on her quiet title counterclaim and Cook’s adverse possession claim, and in Cook’s favor on his private nuisance claim and Grebe’s trespass counterclaim. The court then determined that Grebe was "the prevailing party for purposes of the adverse possession and quiet title claims" and stated she could file an application for attorneys' fees.

¶4 Grebe requested attorneys' fees in the amount of $82,726.75, which Cook opposed, asserting Grebe was not entitled to recover fees for claims on which she did not prevail. In its ruling, the court explained that Grebe was "deemed the prevailing party in this matter for purposes of A.R.S. § 12-1103" and entered a fee award of $50,000. This timely appeal followed.

DISCUSSION

¶5 Generally, a court may award attorneys' fees only when authorized by statute or by agreement of the parties. Taylor v. S. Pac. Transp. Co. , 130 Ariz. 516, 523, 637 P.2d 726, 733 (1981) (citation omitted). As provided in A.R.S. § 12-1103(B), a party prevailing in a quiet title action may recover attorneys' fees if, 20 days before bringing the action, he or she tendered five dollars with a request that the other party execute a quit claim deed, and the other party did not comply. See Lange v. Lotzer , 151 Ariz. 260, 262, 727 P.2d 38, 40 (App. 1986) ("The Arizona Legislature has expressly determined that only a prevailing party who follows certain prerequisites may recover attorney’s fees in quiet title actions."). Although § 12-1103(B) only refers to a "plaintiff," a defendant who successfully asserts a quiet title counterclaim may seek attorneys' fees. See Long v. Clark , 226 Ariz. 95, 95-96, ¶¶ 1, 2, 244 P.3d 99, 99–100 (App. 2010) (reversing a fee award to defendants in a quiet title action because, although they successfully defended, they did not file a counterclaim). It is undisputed that Cook and Grebe each complied with § 12-1103(B) ’s prerequisites for recovering attorneys' fees.

A. Prevailing-Party Determination

¶6 We review the superior court’s determination of who is the prevailing party, for purposes of awarding attorneys' fees, for an abuse of discretion. Sanborn v. Brooker & Wake Prop. Mgmt. , Inc. , 178 Ariz. 425, 430, 874 P.2d 982, 987 (App. 1994). We review the interpretation of a statute de novo, and when doing so, our goal "is to effectuate the text if it is clear and unambiguous." BSI Holdings, LLC v. Ariz. Dep't of Transp. , 244 Ariz. 17, 19, ¶ 9, 417 P.3d 782, 784 (2018). A statute’s words should be read in context to determine their meaning. Stambaugh v. Killian , 242 Ariz. 508, 509, ¶ 7, 398 P.3d 574, 575 (2017). We construe related statutes together and strive to give effect to each provision involved. Id.

¶7 Cook argues the superior court erred in finding Grebe was the prevailing party because, when considering the totality of the litigation, he prevailed on a greater number of claims than she did. He contends the litigation was, at best, a draw. But Cook’s position fails to acknowledge the legislature’s word choices in describing the circumstances in which a party may recover attorneys' fees in litigation involving quiet title disputes. See A.R.S. § 12-1103(B) (explaining the prerequisites for recovery of attorneys' fees in an "action to quiet title to real property ") (emphasis added). The word "action," by itself, has a broad meaning that may encompass any court matter or proceeding. See A.R.S. § 1-215(1) (" ‘Action’ includes any matter or proceeding in a court, civil or criminal."). However, § 12-1103(B) refers to an "action to quiet title to real property," indicating it is limited to that specific kind of proceeding. See Action to Quiet Title, Black’s Law Dictionary (10th ed. 2014) ("[A] proceeding to establish a plaintiff’s title to land by compelling the adverse claimant to establish a claim or be forever estopped from asserting it.").

¶8 Section 12-1101(A) supports this conclusion because it limits a quiet title action to parties who wish to assert their interest in a property’s title against those with an adverse interest in the title, thereby resolving or quieting the competing interests. Therefore, under § 12-1103(B), the determination of who is the prevailing party for purposes of awarding attorneys' fees turns on whether a party successfully quieted title, regardless of whether claims that do not involve quieting title are included in the same lawsuit. See McCleary v. Tripodi , 243 Ariz. 197, 202, ¶ 26, 403 P.3d 1191, 1196–97 (App. 2017) (explaining that "[a] party successfully quieting title may recover attorney fees if" he or she complies with the requirements of A.R.S. § 12-1103(B) ).

¶9 It is undisputed that the jury found in Grebe’s favor on the competing quiet title claims. Accordingly, the superior court did not abuse its discretion in finding she was the prevailing party with regard to the attorneys' fee provision of § 12-1103(B). Contrary to Cook’s assertion, the court had no reason to look further than the quiet title and adverse possession claims because they are the only claims in this lawsuit that involved quieting title to the property. Cook’s private nuisance claim and Grebe’s conversion, unjust enrichment, and trespass counterclaims are not claims affecting title; they are relevant only in determining whether the court should award attorneys' fees to the prevailing party, and if so, in what amount. See Scottsdale Mem'l Health Sys., Inc. v. Clark , 164 Ariz. 211, 215, 791 P.2d 1094, 1098 (App. 1990) (explaining that a court may consider the same factors that are considered in a contract action under A.R.S. § 12-341.01, as set forth in Associated Indem. Corp. v. Warner , 143 Ariz. 567, 570, 694 P.2d 1181, 1184 (1985), when determining whether to award attorneys' fees in a quiet title action under § 12-1103(B) ); Chantler v. Wood , 6 Ariz. App. 134, 139, 430 P.2d 713 (1967) (noting that § 12-1103(B) entitled plaintiffs "to reasonable attorney’s fees for the time spent on the quiet title feature of the case").³

B. Reasonableness of Fee Award

¶10 Cook does not argue the superior court abused its discretion in deciding, after making the prevailing party determination, that it would award reasonable attorneys' fees to Grebe. See Scottsdale Mem'l, 164 Ariz. at 215-16, 791 P.2d at 1098–99. Instead, Cook contends that Grebe’s fee application failed to differentiate between her successful and unsuccessful claims, and therefore, the application for attorneys' fees should have been rejected under Schweiger v. China Doll Restaurant, Inc. , 138 Ariz. 183, 673 P.2d 927 (App. 1983). He also argues the court’s approximate 40% reduction in attorneys' fees was arbitrary and unsupportable because he prevailed on most of the claims, the fee application did not provide any evidence to support the $50,000 amount, and "[n]either party argued for a 40% reduction."

¶11 We review the reasonableness of a fee award for an abuse of discretion. See Kay v. Biggs , 13 Ariz. App. 172, 177, 475 P.2d 1 (1970). As in other contexts, "an attorney’s affidavit supporting a fee application," at a minimum, "should include ‘the type of legal services provided, the date the service was provided, the attorney providing the service ... and the time spent in providing the service.’ " Nolan v. Starlight Pines Homeowners Ass'n , 216 Ariz. 482, 490, ¶ 37, 167 P.3d 1277, 1285 (App. 2007) (quoting China Doll, 138 Ariz. at 188, 673 P.2d at 932 ). "Once a party establishes its entitlement to fees and meets the minimum requirements in its application and affidavit for fees, the burden shifts to the party opposing the fee award to demonstrate the impropriety or unreasonableness of the requested fees." Id. at 490-91, ¶ 38, 167 P.3d at 1285–86. To successfully challenge the application for attorneys' fees, the opposing party must do so with specificity. Id. at 491, ¶ 38, 167 P.3d at 1285–86.

¶12 In the superior court, Grebe’s attorneys' fees application and affidavit met the China Doll requirements, yet in response, Cook made only cursory arguments concerning the requested fee amounts without any discussion on which amounts were unreasonable. His broad assertions...