Master Plumbing and Sewer, Inc. v. Fountaine West
Appellant Master Plumbing and Sewer (Master Plumbing) brought suit to recover money owed on invoices for the repair and replacement of a sewer line at a residential condominium. Respondent Fountaine West Condominium Owners Association (Fountaine West) and an individual unit owner cross-complained against Master Plumbing alleging, among others causes of action, intentional and negligent misrepresentation, negligence and breach of contract. After a seven-day bench trial, the trial court issued a detailed 22-page statement of decision, and a judgment entirely in favor of Master Plumbing, including that Fountaine West had breached its contract. Fountaine West then filed a motion to vacate the judgment under Code of Civil Procedure section 663a, challenging the award of attorney fees to Master Plumbing, the undisputed prevailing party. The trial court granted the motion to vacate and entered an amended judgment denying Master Plumbing attorney fees.
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