Nonsignatories Stepping Into the Shoes Of Contractual Signatories Can Be Liable For Fees.
In Del Rio v. Weis, Case No. A167335 (1st Dist., Div. 1 Sept. 17, 2024) (unpublished), Mr. Del Rio sued Homeowners for breach of a home remodel construction contract between Mr. Del Rio’s business, JODT, and Homeowners. Homeowners won and were granted attorney’s fees under a contractual fees clause. On appeal, Mr. Del Rio argued he was not personally liable for fees because he was not, individually, a party to the contract. His appeal was unsuccessful. First, he sued as Mr. Del Rio dba JODR such that he alleged he was a party to the contract. Second, he—as a nonsignatory—stood in the shoes of the contractual signatory because he sued on its behalf and was liable for fees accordingly.