California Court of Appeal

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Yassin v. Solis, B215201

In plaintiff's suit against homeowners for money he claimed was owed to him for improvement work on defendants' home, and defendants' cross-complaint for breach of contract in connection with the work performed, trial court's judgment awarding $50,000 to the defendants and nothing for the plaintiff is affirmed for the most part where, although a party did not have to plead that it is seeking attorney fees in order to recover those fees, the last contractual payment due plaintiff was not a retention under section 3260, and therefore the defendants, as the prevailing parties in their claim to recover that amount, were not entitled to attorney fees under section 3260(g). Furthermore, section 3260.1 does not authorize the award of attorney fees.

Appellate Information

  • Decided 05/06/2010
  • Published 05/06/2010

Judges

  • MOSK, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Jorgensen & Salberg, Richard Allen Jorgensen and Jeffrey R. Salberg for Plaintiff and Appellant.

  • For Appellees:
  • Law Offices of Ashley D. Posner, Ashley D. Posner; Law Offices of Martin S. Rudoy and Martin S. Rudoy for Defendants and Respondents Vinicio Solis and Sonia Solis.
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