This One Counsels Transactional Lawyers To Make Sure Express Assignments Are Inked.
In Orozco v. Conrad, Case No. C086667 (3d Dist. July 14, 2020) (unpublished), plaintiff obtained a compensatory and punitive damages verdict from a jury, with the trial court reducing damages for multiple reasons. The lower court then denied both parties’ fee requests and plaintiff’s cost request. On appeal, the Third District affirmed. The problem with the fees request was the lack of a contractual relationship between the two sides, because the lease was never expressly assigned. The discussion of this issue shows that the parties may have intended this to be the case, but there was not enough proof to show it absent an express assignment. With respect to the costs issue, the lower court did not abuse its discretion in concluding that trial technology costs were not necessary or were excessive given the nature of the case.
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