Fee Award Followed $201,495.14 Damages Award To Former Client of Co-Contributor Mike.
For you car buffs, Canepa Design v. Mazzotta, Case No. H038631 (6th Dist. May 20, 2014) (unpublished) is a good read about a dispute over delivery of a 1958 Porsche Carrera GT, mainly focusing on whether it needed a properly functioning four-cam engine (with the lower and appellate courts agreeing this was the case, and you car buffs probably saying “duh”). However, there also was an attorney’s fees issue involved.
Canepa Design was awarded $201,495.14 in compensatory damages on a cross-complaint where the other side failed to deliver the Porsche with a properly functioning four-cam engine, the lower court in the process rejecting agency and “as is” clause arguments given the mano-mano relationship between Messrs. Canepa and Mazzotta. The lower court then awarded $40,630.25 in attorney’s fees (the full amount of the requested fees), presumably under a contractual fees clause.
Mr. Mazzotta’s appeal did not succeed on the merits or as to the fee award.
On the fee award, the trial court awarded some portion of fees for work on Canepa Design’s defense of Mr. Mazzotta’s complaint. The appellate court, like the lower court, found that no apportionment was required because the defensive work was inextricably intertwined with prosecution of the cross-complaint resulting in the damages award.
BLOG OBSERVATION—Canepa Design was a former client of co-contributor Mike and Bruce Canepa also happens to be co-contributor Marc’s brother-in-law’s cousin. Bruce Canepa, principal of Canepa Design, was a great client to work with and certainly knows vintage cars. For those car buffs, visit the Canepa Design website to see its Scotts Valley location and the cars which Bruce restores. For visitors to Scotts Valley, and vintage sports car buffs, the show room and historical collection are spectacular. Bruce is passionate about what he does.