Failure to Provide Reporter’s Transcript Forfeited Challenge, But Fee Clause Was Broad Enough To Encompass Contract/Noncontract Claims.
Plaintiff agreed to install electrical distribution service to defendant’s winery facility, with plaintiff suing on both contract/noncontract claims for defendant’s alleged failure to pay. Plaintiff sought $43,000 on his claims, while the defense argued only $18,000 at most was due. The trial court awarded $25,522.38 on all the mixed claims, provoking dueling costs memoranda by which each side claimed they prevailed under the contractual fees clause. Plaintiff won the battle, with the trial court awarding $55,911 in fees and costs, prompting an appeal by the defense.
The defense did not overturn the result in Wolf v. Santa Rita Hills Wine Center Investors, Case No. B258797 (2d Dist., Div. 6 Dec. 1, 2015) (unpublished).
The failure to provide a reporter’s transcript of the fee hearing forfeited any challenge on appeal. However, the defense was not persuasive on the merits—the fees clause was broad enough to encompass both contract and noncontract claims such that the fee award was not erroneous.
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