Allocation, Construction: Rio School District Decision, On Rehearing, Reaches Same Result On Remanding A “Re-do” Of Attorney’s Fees On Public Contract Code Claim

 

Same Result From Decision Surveyed in Our January 28, 2015 Post.

     On January 28, 2015, we posted on Rio School District, a Second District, Division 6 decision where a substantial attorney’s fees award was remanded for redetermination after the appellate court determined that an unclean hands defense was legally not cognizable under Public Contract Code section 7107. However, the appellate court subsequently granted rehearing. However, on April 1, 2015, the same appellate court issued its decision on rehearing in East West Bank v. Rio School District, Case No. B238618 (2d Dist., Div. 6; author: Gilbert, P.J.), reaching the same result as before on the fee issue in a published portion of the opinion.