Respondents Entitled To Appellate Fees For Prevailing Again.
In Martin v. Park Sierra Apts., Case Nos. B242464/B244184 (2d Dist., Div. 4 Jan. 22, 2016) (unpublished), defendants won a case involving a lease agreement with a fees clause. Plaintiff appealed the merits decision and substantial fees/costs award of $142,853.25. Both determinations were affirmed on appeal. Plaintiff/appellant forfeited a challenge to the fees/costs award by never addressing it in his appellate briefing. The appellate court also agreed that respondents were entitled to appellate fees based on the lease fees clause, but in line with most other intermediate appellate courts, remanded to the trial judge to fix the amount of appellate fees due to respondents.