BFCAP Investments v. Lifehouse Parkview Properties
This is the second appeal by plaintiff BFCAP Investments, LLC (BFCAP) arising out of a contractual dispute over the sale of a nursing facility. We previously affirmed the trial court’s grant of summary judgment in favor of the sellers, defendants and respondents Lifehouse Parkview Properties, LLC (PropCo) and Lifehouse Parkview Operations, LLC (OpCo).
On remand, the trial court granted defendants’ motion for attorney fees, finding that defendants were the prevailing parties and therefore entitled to attorney fees and costs pursuant to the applicable contract. BFCAP appeals that fee award. It argues that the trial court erred in finding the contractual fee provision applied to the litigation here. We agree and therefore reverse the trial court’s order granting defendants’ motion.
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