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Bus. Props. #6 v. Russell

California Court of Appeals, Fourth District, Third Division
Apr 13, 2022
No. G059916 (Cal. Ct. App. Apr. 13, 2022)

Opinion

G059916

04-13-2022

BUSINESS PROPERTIES #6, Plaintiff and Respondent, v. BRADEN RUSSELL et al., Defendants and Appellants.

Niddrie Addams Fuller Singh, John S. Addams; Dillon Miller & Ahuja, and Timothy P. Dillon for Defendants and Appellants. The Duringer Law Group, Stephen C. Duringer, Edward Laird; Greer & Associates, C. Keith Greer and C. Tyler Greer for Plaintiff and Respondent.


NOT TO BE PUBLISHED

Appeal from a postjudgment order of the Superior Court of Orange County, No. 30-2017-00938523 Frederick P. Horn, Judge (Retired judge of the Orange Super. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.). Affirmed.

Niddrie Addams Fuller Singh, John S. Addams; Dillon Miller & Ahuja, and Timothy P. Dillon for Defendants and Appellants.

The Duringer Law Group, Stephen C. Duringer, Edward Laird; Greer & Associates, C. Keith Greer and C. Tyler Greer for Plaintiff and Respondent.

OPINION

MOORE, J.

This appeal is a companion to Business Properties #6 v. Russell, case No. G059712. In the companion appeal, defendants Braden and Stephanie Russell (the Russells) appealed from a judgment awarding damages against them for breach of contract. We recently affirmed the judgment on the merits. (Business Properties #6 v. Russell (April 13, 2022, G059712) [nonpub. opn.].) This appeal pertains to an award of contractual attorney fees and costs issued after the judgment. The Russells "do not contest the merits of the fees and costs award. Instead, they seek a reversal of those awards should they prevail in the first appeal." They did not prevail in the first appeal. Accordingly, there is no basis to reverse the award of contractual attorney fees and costs.

The postjudgment order awarding attorney fees and costs is affirmed. Business Properties shall recover its costs on this appeal.

WE CONCUR: BEDSWORTH, ACTING P. J., GOETHALS, J.


Summaries of

Bus. Props. #6 v. Russell

California Court of Appeals, Fourth District, Third Division
Apr 13, 2022
No. G059916 (Cal. Ct. App. Apr. 13, 2022)
Case details for

Bus. Props. #6 v. Russell

Case Details

Full title:BUSINESS PROPERTIES #6, Plaintiff and Respondent, v. BRADEN RUSSELL et…

Court:California Court of Appeals, Fourth District, Third Division

Date published: Apr 13, 2022

Citations

No. G059916 (Cal. Ct. App. Apr. 13, 2022)