Buyer Resisted Discovery And Drove Up Cost Through Incomprehensible Summary Judgment Opposition Paperwork.
Just to show you how a failed real estate dispute loss, where there is a contractual prevailing party fees clause, can be a game shifter due to the fee-shifting feature, just review the result in Maljanin v. Big Black Dog, LLC, Case No. B277922 (2d Dist., Div. 6 June 28, 2018) (unpublished).
There, buyer lost summary judgment motions to seller and broker under his failed real estate complaint for specific performance and breach of contract, where there was a fees clause in the operative purchase/sales agreements in favor of the prevailing parties. Seller won fees of $94,945.34 (out of a requested $142,418), while broker won fees of $66,164.29.
Buyer’s appeal did no go very far as far as challenging the fee awards. The record showed that buyer resisted discovery and filed incomprehensible summary judgment opposition papers, driving up the costs of litigation for seller’s opponents. The fee claimants provided good explanations of their work, so affirmance was required under the deferential abuse of discretion review standard.