Contreras Construction v. Fansler
M.R. Contreras Construction, Inc. (the company) and Manuel R. Contreras appeal from a judgment awarding attorney fees and costs of almost $30,000 to Edmund M. Fansler and Kim L. Fansler as trustees of the Fansler Family Living Trust (together the Fanslers) under Civil Code section 1717 and the attorney fees provision of a home renovation contract (the contract) into which the parties had entered. The company sued the Fanslers for money they allegedly owed under the contract, and the Fanslers cross-complained against the company and Contreras for negligence and breach of contract (among other claims), alleging they failed to complete the project in a timely fashion and the work was substandard.
The company and Contreras contend (1) the court abused its discretion in finding that the Fanslers were the prevailing parties pursuant to Civil Code section 1717, and (2) the court abused its discretion in finding that the Code of Civil Procedure section 998 offer to compromise was ambiguous and not subject to acceptance. Court conclude the court did not abuse its discretion. Accordingly, Court affirm the order and judgment.
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