Davis v. CadenaCreekMobileHomePark
On March 27, 2006, plaintiffs Theodore and Nancy Davis filed a petition to confirm an arbitration award. Defendants Cadena Creek Mobile Home Park, Lake Cadena Investments, Ltd., and Mobile Community Management Co., opposed the motion. On May 31, 2006, the trial court granted the motion and subsequently rendered its judgment confirming the award. Plaintiffs were awarded restitution damages of $10,034.12, prejudgment interest of $1,847.30, and attorney fees of $54,890.
Defendants appeal. They contend the arbitrator exceeded his power by awarding attorney fees to the plaintiffs, that plaintiffs claims were barred by the statute of limitations, and that plaintiffs claims were barred by the doctrine of unclean hands. The judgment is affirmed. If respondents wish to recover their attorney fees and costs on appeal they may do so by submitting a noticed motion to the trial court for determination of the amount of such fees and costs.
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