Prevailing Party: General Contractor Winning Net Award Of $74,890 Was The Prevailing Party Such That The Fee Award Of $65,000 And The Costs Award Of $3,600 Was No Abuse Of Discretion

After All, The Trial Court Did Reduce The Request Substantially, And Lack OF Comparative Analysis/Specific Objections Did Not Meet The Burden In Opposing The Fee Application.

            In Avalanche Air, Inc. v. Dwelling Construction, Inc., Case No. B302340 (2d Dist., Div. 7 Aug. 24, 2021) (unpublished), subcontractor sued for nonpayment, and general contractor sued for defective work, with both winning something but the net award being positive for general contractor to the tune of $74,890.  General contractor was the prevailing party, moving for contractual fees of $100,435 and costs of $4,118.  After reducing the hourly rate and adjusting for block billing and duplication, the trial judge awarded general contractor $65,000 in attorney’s fees and about $3,600 in costs.  Subcontractor appealed, not achieving any change in result.  Subcontractor’s challenges to the amount of the fees were unsuccessful because (1) it failed to suggest a fee amount which it believed to be reasonable, (2) it did not comparatively show what it expended in the litigation, and (3) it made no specific objections to individualized fee billing entries or work categories.