Wei v. Culture Escrow CA2/5
Plaintiff Chen Chung Wei, as trustee of the Huang 2013 Family Trust dated June 19, 2013 (Huang Trust), appeals from an order granting attorney fees to defendants. Plaintiff sued defendants Culture Escrow, Inc. and Kevin Hsu (collectively defendants) for fraud, negligent misrepresentation, and breach of fiduciary duty related to a real estate transaction between plaintiff’s mother Huang Miao Wei (Huang) and his stepfather Wen Tu Chen (Wen).
Judgment was entered for defendants, who then moved for attorney fees. The trial court awarded attorney fees to defendants under a provision in the transaction’s escrow instructions. Plaintiff contends the attorney fees provision in the escrow instructions is an indemnity provision, not a prevailing party attorney fees provision, and as such does not support the award of attorney fees to defendants. We affirm.
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