259 P.3d 542
Colo. Ct. App.2011Background
- Sifton sought to have two deeds of trust declared spurious and released due to alleged forged signatures.
- Deeds of trust were originally for Stewart Title's insureds and assigned to Stewart Title.
- The case spanned almost a year with a management order stating signatures were forged.
- Just before the show cause hearing, Stewart Title deposed Sifton, released the deeds, and moved to vacate the hearing.
- Sifton argued for a hearing and for attorney fees under 38-35-204 and 13-17-102 despite release.
- The trial court dismissed, declined to award attorney fees under 38-35-204, and did not address 13-17-102; the appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether release of the lien affects 38-35-204 hearing obligations | Sifton argues a hearing is required and fees may be awarded despite release. | Stewart Title contends no hearing or fees awarded under 38-35-204 after release. | No hearing or 38-35-204 fees post-release. |
| Whether 13-17-102 fees may be awarded despite 38-35-204 outcome | Sifton seeks fees under 13-17-102 for frivolous conduct. | Stewart Title argues discretion to deny under 13-17-102. | Remand for consideration of 13-17-102 fees. |
Key Cases Cited
- Kerns v. Kerns, 53 P.3d 1157 (Colo. 2002) (statutory costs and attorneys fees in spurious lien actions)
- Granite State Ins. Co. v. Ken Caryl Ranch Master Ass'n, 183 P.3d 563 (Colo. 2008) (plain-language interpretation for legislative intent)
- Wells Fargo Bank v. Kopfman, 226 P.3d 1068 (Colo.2010) (present-tense language and statutory construction)
- People v. Jaramillo, 183 P.3d 665 (Colo.App.2008) (authoritative use of statutory language)
- Westar Holdings Partnership v. Reece, 991 P.2d 328 (Colo.App.1999) (protective objective of title statutes)
- City of Wheat Ridge v. Cerveny, 913 P.2d 1110 (Colo.1996) (American Rule and narrow construction of fee-shift provisions)
- Allstate Ins. Co. v. Huizar, 52 P.3d 816 (Colo.2002) (broader reach of attorney-fee awards for frivolous actions)
- Engel v. Engel, 902 P.2d 442 (Colo.App.1995) (trial court may sanction substantially groundless actions)
- In re Marriage of Rodrick, 176 P.3d 806 (Colo.App.2007) (remand for section 13-17-102 determination)