Trial Court Did Reduce For Noncontract Work, But Award Justified Nonetheless.
In JKB Homes Norcal, Inc. v. Denair Community Services District, Case No. F061922 (5th Dist. Nov. 10, 2011) (unpublished), District won an oral reimbursement dispute over sewer services involving an annexation agreement, with developer on the hook because there was a fees clause in the agreement. District sought to recoup $112,373.23 in fees, but was awarded $95,000 by the trial court.
Developer was not persuasive in surmounting the abuse of discretion standard on appeal. Because all claims were interrelated, no discretionary apportionment between contract and noncontract claims had to be made. Nevertheless, the trial court did reduce the award for noncontract work, so in that case the award could hardly be deemed erroneous.