Hol-America v. Leisure World Homes Resort Products of California
Defendants appeal from a judgment entered after a jury trial in which the jury awarded plaintiff damages for breach of contract and negligent misrepresentation. Plaintiff appeals from a postjudgment order denying its request for attorney fees and prejudgment interest on a portion of the damages awarded to plaintiff in the judgment.
Defendant contends on appeal that the jury's verdict is inconsistent in that the jury found that a valid contract existed, but also awarded damages for negligent misrepresentation pertaining to the subject matter of the contract. Defendant further contends that there was insufficient evidence of negligent misrepresentation to support the jury's damage award on that ground.
In a cross-appeal, plaintiff challenges the trial court's determination that it is not entitled to statutory attorney fees and interest under Civil Code[ section 3260. According to plaintiff, defendant failed to pay the full amount due under a June 11 agreement within 45 days after it accepted the floor, thus failing to meet the requirements of section 3260 and rendering defendant liable for attorney fees and interest.
Affirmed.
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