MARTIN STRAND GABRIEL STRAND v. JEFFREY CLARK JODENE CLARK

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Court of Appeal, Second District, California.

MARTIN STRAND, GABRIEL STRAND, Plaintiffs and Appellants, v. JEFFREY CLARK, JODENE CLARK, Defendant and Respondent.

2d Civil No. B220396

Decided: June 22, 2010

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

Martin D. Strand and C. Gabrielle Strand, appellants, have filed two appeals.   In the first appeal (B218861), the Strands appeal from the judgment entered in favor of Jeffrey Clark and Jodene Clark, respondents.   In the second appeal (B220396), they appeal from an order after judgment awarding attorney's fees and costs to the Clarks.   In this opinion we dispose of the second appeal.

By separate opinion filed together with this opinion, in the first appeal we reversed the judgment in favor of the Clarks.   The order awarding attorney's fees and costs to the Clarks was based on their status as the prevailing party pursuant to the judgment that has now been reversed.   The reversal means that the Clarks are no longer the prevailing party.   Thus, the order awarding them attorney's fees and costs must also be reversed.   We need not consider the Strands' contention that the award was erroneous.  (See Gilman v. Dalby (2009) 176 Cal.App.4th 606, 620 [“In light of our conclusion that the judgment must be reversed ․, it no longer can be said that defendants are the prevailing parties.   Accordingly, we must reverse the award of [attorney's] fees and costs [to defendants], and thus need not address [plaintiff's] contention that the award was erroneous․ “] )

Disposition

The order after judgment awarding attorney's fees and costs to the Clarks is reversed.   The Strands shall recover their costs on appeal.

NOT TO BE PUBLISHED.

We concur:

Henry J. Walsh, Judge

Superior Court County of Ventura

Chris Gautschi, for Appellants.

Lozoya & Lozoya;  Frank J. Lozoya IV, for Respondents.

COFFEE, J. PERREN, J.