Pyramid Design (Series D) LLC v. Lowe CA1/2
Defendants agreed to sell a parcel of commercial real property to plaintiffs, who own an adjoining parcel. At the conclusion of a bench trial, the trial court found that “a binding agreement was reached in April 2014”; that “[p]laintiffs timely performed under the contract”; and “[d]efendants breached the agreement by refusing to convey . . . when plaintiffs tendered performance.” The court entered a judgment directing defendants to specifically perform the contract, and thereafter made an order awarding plaintiffs contractual attorney fees in the sum of $658,499.
Defendants did not appeal, but plaintiffs did. They contend the court erred in not awarding “incidental damages” for the period defendants did not perform, and that the court abused its discretion in not awarding the full amount of their attorney fee request. Claiming the appeals are frivolous, defendants ask for sanctions. We address each claim separately.
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