Valley Outdoor v. Regency Outdoor Advertising
In litigation between competitors in the outdoor advertising industry, the trial court correctly sustained a demurrer to causes of action in a cross-complaint for breach of contract, fraud and negligent, misrepresentation, and properly dismissed a fourth cause of action for declaratory relief relating to billboards in Oceanside and Riverside. The trial court also properly sustained a demurrer to a fifth cause of action for unfair competition involving billboards in other locations that allegedly violate various state and local ordinances. The trial court awarded attorney fees of $464,720.75 to the prevailing party under the attorney fee clause of a contract between the parties, concluding that the multiple causes of action were inextricably intertwined and fees could not be apportioned between contract and non-contract claims. Court affirmed the court's attorney fee order.
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