Nazer v. 26 Malibu
Plaintiffs, husband and wife, brought this action against a lender, initially alleging fraud. Three months before trial, plaintiffs amended the complaint, changing the theory of liability from fraud to breach of contract and dropping the wifes name from the case caption. A few weeks before trial, the entire case was voluntarily dismissed.
The lender moved for attorney fees pursuant to a provision in the promissory notes. The trial court determined that the lender was the prevailing party against both plaintiffs and was entitled to attorney fees incurred in defending the fraud portion of the case.
On appeal, plaintiffs assert various technical arguments as to why the trial court erred in awarding attorney fees. Court conclude that none has merit and affirm.
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