Newport Harbor Offices & Marina v. Kent McNaugh
Plaintiff Newport Harbor Offices & Marina, LLC (NHOM) appeals from a postjudgment order denying its motion for an award of attorney fees against Kent A. McNaughton & Associates (McNaughton), and from an amended judgment reflecting the post-judgment order. The two appeals have been consolidated.
The attorney fee dispute followed a complicated hybrid proceeding to resolve a lease dispute, with both an arbitration and a court trial. Although the landlord, NHOM ultimately obtained a money judgment against its erstwhile tenant, McNaughton, the amount awarded was much less than it sought, and the court later determined there was no prevailing party for purposes of attorney fees under Civil Code section 1717 (section 1717).
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