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LUCKETT v. KEYLEE

No. B187489.

54 Cal.Rptr.3d 718 (2007)

147 Cal.App.4th 919

John LUCKETT, Plaintiff and Appellant, v. John KEYLEE et al., Defendants and Respondents.

Court of Appeal of California, Second District, Division Eight.

February 16, 2007.

Attorney(s) appearing for the Case

John Luckett, in pro. per., for Plaintiff and Appellant.

Wildish & Nialis and Carl J. Pentis, Orange, for Defendants and Respondents.

RUBIN, J.

Plaintiff John Luckett appeals from the order awarding attorney's fees of $3,500 to defendants John Peter Lee, John Peter Lee, Ltd., and Trevor J. Hatfield after Luckett's complaint was dismissed for failure to post a vexatious litigant's bond. (Code Civ. Proc, § 391.7.) Because attorney's fees are not recoverable under that statute when a complaint is dismissed solely for the failure to post the required bond, we hold that the trial court erred by...

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