Section 1717: Where Damages Award Was Based On A Sole Contract, Lack Of Fees Clause In The Contract Showed No Fee Entitlement

$40,230 Fee Award Was Stricken.

 

                Defendants/cross-complainants defeated plaintiffs’ complaint and obtained cross-complaint damages based on a 2018 construction contract with no attorney’s fees clause, even though the trial judge awarded them $40,230 in fees.  The appellate court in 9 Star Construction v. Dimapasok, Case No. E080273 (4th Dist., Div. 2 Oct. 25, 2024) (unpublished) struck the fee award on a simple basis—no fee entitlement basis was shown, confirmed by the lack of authority for fees as substantiated by the absence of support for same in defendants/cross-complainants’ closing trial brief.