Ayala Boring v. HPS Mechanical CA5
APPEAL from a judgment of the Superior Court of Kern County. Stephen D. Schuett, Judge.
Mahoney & Soll, Paul M. Mahoney and Richard A. Soll for Plaintiff and Appellant.
McCartney Dallmann, N. Thomas McCartney and Matthew C. McCartney for Defendant and Respondent.
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Plaintiff and appellant Ayala Boring, Inc. (Ayala) appeals from a January 4, 2021 postjudgment order of the Kern County Superior Court awarding attorney’s fees to defendant and respondent HPS Mechanical, Inc. (HPS) under Civil Code section 1717. , Ayala makes three contentions. First, the order “should be reversed because the contract at issue is a third-party beneficiary contract and there was no evidence of any prevailing party attorney’s fee clause in that contract.” (Capitalization omitted.) Second, “there is no right to attorney’s fees on the second and third causes of action,” i.e., restitution and conversion. (Capitalization omitted.) Finally, “the court abused its discretion in awarding $70,882.5
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