Simi-Moorpark Freeway Properties v. CypressLand
In two real estate transactions governed by different purchase agreements, plaintiffs sold defendants undeveloped lots subject to special city taxes. Defendants agreed to be responsible for the taxes and, in turn, were to receive a credit in escrow. Escrow closed in both transactions.
Plaintiffs filed this action, contending that the city's determination of the taxes on the first sale, and thus the escrow credit, was too high, such that defendants owe them an additional sum. The trial court granted summary judgment for defendants, concluding that the parties had received exactly what they had bargained for under the purchase agreements. Plaintiffs appealed from the judgment.
Defendants then moved for attorney fees pursuant to an attorney fee provision in the agreements. Defendants requested $449,627 in fees. The trial court awarded $359,703. In addition, defendants filed a memorandum of costs. Plaintiffs moved to tax costs, which was denied. Plaintiffs appealed those rulings as well.
In a separate appeal (B186385), court filed an opinion today, affirming the granting of defendants' summary judgment motion. In this opinion, court affirm the award of attorney fees and costs because the trial court did not abuse its discretion in making those awards.
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