Munoz v. Pacific Bay Homes
Plaintiffs (Buyers) appeal an order denying their motion for attorney fees after a judgment was entered on a special jury verdict awarding them damages in their construction defect action against defendant Pacific Bay Homes, LLC (Homes). On appeal, Buyers contend they are entitled to an award of attorney fees because: (1) the attorney fees provision in the purchase agreement between Buyers and Pacific Bay Properties, Inc., (Properties) binds Homes; (2) that attorney fees provision applies to Buyers' tort cause of action; and (3) Buyers prevailed in their action against Homes.
The order is affirmed.
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