Morales v. Thee Aguila, Inc. CA4/3
Thee Aguila Inc. (TAI) appeals from the trial court’s postjudgment order granting respondents David M. Morales (the son) and his father, David Morales, Sr., their request for contractual attorney fees totaling $331,385. The fee award is based on the attorney fee provision in a two-page handwritten contract (Contract II) between TAI and the respondents. Because the factual background and applicable legal principles are straightforward, we turn to them immediately to resolve the appeal with appropriate brevity.
TAI’s sole challenge to the fee award rests on an attorney fee provision in a different contract (Contract I) as to which neither TAI nor Morales, Sr. was a party. That contract was a purchase agreement for the sale in the son’s chapter 11 bankruptcy proceeding of his real property interest in a location used as a food truck commissary in Santa Ana (the city). The seller and buyer in that real property contract were, respectively, the son’s bankruptcy estate and an
Comments on Morales v. Thee Aguila, Inc. CA4/3