California Court of Appeal

In this case, plaintiffs sued defendants for breach of contract to purchase real estate, and defendants alleged as affirmative defenses that the contract was illegal and that it was extinguished by novation. The trial court ruled in favor of defendants on both defenses. Defendants thereafter moved for attorney fees. Denial of defendants' motion to award attorney fees is: 1) affirmed in part, where defendants may not be awarded attorney fees under the illegal contract; but 2) reversed in part, where the trial court erred when it interpreted the attorney fees clause of the option agreement to exclude the affirmative defense of novation.

Appellate Information

• Decided 11/20/2014
• Published 11/20/2014

Judges

• Stewart

Court

• California Court of Appeal

Counsel