Engage BDR v. Amobee CA2/8
A firm called Engage BDR, LLC entered a Master Agreement requiring it to remit payments to Amobee, Inc. When Engage repeatedly failed to pay, the parties entered a succession of five more agreements that gave Engage more time to pay but increased its debt to Amobee. Engage paid most of what it owed but then sued Amobee, claiming Amobee breached the Master Agreement and used the follow-on agreements to charge usurious interest rates. Engage maintained it was entitled to rescind the later agreements because it entered them only under financial duress.
The trial court sustained Amobee’s demurrers and granted it attorney fees. In 2021, we affirmed the court’s judgment on the demurrers. (Engage BDR, LLC v. Amobee, Inc. (July 15, 2021, B305770) [nonpub. opn.].) Now we confront Engage’s separate attack on the fees award to Amobee. This attack fails. Engage sued Amobee on contracts containing attorney fees provisions.
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