Yu v. Hui
In this litigation, plaintiffs and respondents, (collectively Yu), filed suit against defendant and appellant, Leung Kei Hui (Hui), to vacate a default judgment in favor of Hui in a separate case (the underlying litigation). The trial court entered judgment in favor of Yu, vacating the default judgment in the underlying litigation. The trial court found that service of a petition to confirm an arbitration award in the underlying litigation had been ineffective. The trial court awarded Yu attorney fees in the amount of $12,887.50 based upon an attorney fee provision in a written agreement. The trial court also awarded Yu costs in the amount of $975.30.
Hui appeals the post-judgment order awarding attorney fees and costs. Hui asserts that because the underlying litigation was not final, the trial court in this litigation erred by finding Yu to be the prevailing party and awarding attorney fees and costs.
Court affirm. The trial court did not err by awarding attorney fees and costs in the case. In this discrete and independent equity action to vacate the judgment in the underlying litigation, Yu was the prevailing party on the only issue presented, i.e., whether Hui performed valid service of process in the underlying action. Yu was therefore entitled to an award of attorney fees and costs pursuant to a contractual attorney fee provision.
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