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Procedural Posture

Steffy Alen May 20, 2021

Appellant sellers sought review of an order from the Superior Court of Santa Barbara County (California), which denied appellants’ request for attorney fees pursuant to Cal. Civ. Code § 1717.

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Overview

Respondent, realtor and buyer, filed suit against appellant sellers alleging various causes of action relating to a breach of contract in the sale of a house. The trial court rendered judgment in favor of appellants, finding that a contract did not exist between respondent and appellants. The trial court, however, denied appellant’s request for attorney fees for defending the lawsuit. The sole issue on appeal was whether the trial court correctly denied appellants’ claim for attorney fees. The court found that appellants satisfied all of the elements set forth in Cal. Civ. Code § 1717 for the recovery of attorney fees. The court held that appellants were entitled to attorney fees for prevailing in its defense of a breach of contract even though the trial court found that a contract did not exist. The court reversed the trial court’s judgment, and granted appellants’ request for attorney fees. The court remanded for a hearing on determination of appellants’ attorney fees and costs.

Outcome

The court reversed the trial court’s order, and granted appellant sellers’ request for attorney fees. The court found that appellants satisfied all of the statutory elements set forth for recovering attorney fees, and that they were entitled to such fees for prevailing in its defense of a breach of contract. The court remanded for hearing on the determination of appellants’ attorney fees and costs.

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How Fitness Apps Are Helping Users To Maintain Their Holistic Health

Steffy Alen May 20, 2021

Some of the most effective health trackers can be combined with a variety of external fitness apps so that you can monitor your movement throughout the day. An integrated approach makes it easy to understand how your food intake and energy production affect others as you strive to feel, perform and look your best. With […]

How Fitness Apps Are Helping Users To Maintain Their Holistic Health

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Harry and Meghan: Latest Developments in 2023

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Lab Diamonds: A Better Choice for Ethical and Sustainable Luxury

Steffy Alen May 10, 2024

Introduction When it comes to diamonds, the debate between natural and lab-grown varieties sparks considerable interest. In recent years, lab diamonds have emerged as a formidable contender to their earth-mined counterparts. But are lab diamonds truly better? Let’s delve into the various aspects to unravel the truth. What Are Lab Diamonds? Lab diamonds, also known […]

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