Almost $90,000 In Fees Was Final “Reward” For Prevailing Buyer.
In Elie v. Kallie, Case No. B272360 (2d Dist., Div. 5 June 12, 2018) (unpublished), plaintiff seller lost in an effort to invalidate a sale agreement as unenforceable and also lost on defendant buyer’s cross-complaint seeking specific performance. In the end, defendant buyer obtained specific performance requiring plaintiff seller to convey the property vacant without a tenant on it. Buyer moved for contractual attorney’s fees as the prevailing party. The trial judge agreed that buyer prevailed, awarding a total of about $90,000 in fees. Seller appealed, but the appellate court saw no reason to disturb the result—buyer pragmatically prevailed in every sense of the term. The fee award was warranted and sustained on appeal.