California Court of Appeal

In this action, plaintiff attempts to recover damages from defendants after a confirmed arbitral award in plaintiff's favor, but no monetary satisfaction due to defendant's lack of assets at the time of judgment. Postjudgment order denying plaintiff's motion for attorney fees and denying recovery of prejudgment interest is: 1) reversed with respect to the motion for attorney fees, where plaintiff is entitled to an award of reasonable attorney fees as the prevailing party, and because plaintiff could recover attorney fees pursuant to the listing agreement against defendant Jefferson; 2) allowing defendants to escape payment of attorney fees would encourage abuses by limited liability companies seeking to avoid payment when there are disputed creditor's claims; and 3) affirmed with respect to recovery of prejudgment interest, as damages were unliquidated and uncertain.

Appellate Information

• Decided 10/07/2014
• Published 10/07/2014

Judges

• Ikola

Court

• California Court of Appeal

Counsel