Abuse of Discretion Standard Not Hurdled.
In Ruane v. 403 Main LLC, Case No. B227273 (2d Dist., Div. 5 May 30, 2012) (unpublished), plaintiff lost a lease/option dispute to the defense, which recovered a $90,000 judgment on the cross-complaint. The trial court then awarded Civil Code section 1717 fees under a contractual fees clause of $109,288.75 to the defense.
Plaintiff appealed the fixing of the fee award, but there was substantial evidence supporting it. Detailed time records were authenticated and submitted to support the award. Although reasonable minds could differ, the award was not “out of the ballpark.”
Miss Genevieve Ebbets, youngest daughter of Charley Ebbets, throws first ball at opening of Ebbets Field. April 5, 1913. Library of Congress.