California Court of Appeal

In a case addressing judgment awards pertaining to a breach of constructions contract action, the circuit court rules that: 1) pursuant to Code of Civil Procedure section 877, the value of a plaintiff's "claims against the others" is the amount the plaintiff would have recovered in a judgment against the others if there had been no settlement prior to the verdict or judgment; and 2) subdivision (g) of Civil Code section 3260 gives the court discretion to determine whether there is a "prevailing party" for purposes of an award of attorney-s fees.

Appellate Information

• Decided 04/08/2008
• Published 04/08/2008

Judges

• ARDAIZ, P.J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Triebsch, Frampton, Doruis & Lima, Turlock, and Cory B. Chartrand, for Plaintiff, Cross-Defendant and Appellant, Omer H. Brawley., Law Offices of Kari L. Ley, and Kari L. Ley, Anwyl, Clovis, Schoffield & Stepp, and Elsia W. Ungerman, Antelope, for Defendant, Cross-Complainant and Appellant, J.C. Interiors, Inc., McCormick, Barstow, Sheppard, Wayte & Carruth, Todd W. Baxter and Kurt F. Vote, Santa Barbara, for Respondents Olivewood Medical Arts Center Owners Association, Timothy Dylina, Scott Smith and Atul Roy.