That Also Means The Prevailing Party Fee Award To The Defense Fell As A Matter Of Law.
Salem v. Aljojo, Case No. B346381 (2d Dist., Div. 4 Aug. 27, 2026) (unpublished) involved a situation where a plaintiff sued defendant eldest son for cancellation of a quitclaim deed obtained by fraud. Although the trial court found that son had fraudulently obtained title, the lower court entered judgment in defendant’s favor based on a statute of limitations defense. On appeal, the appellate court reversed the defense judgment as a matter of law because the SOL defense was prejudicially based on an inadmissible hearsay letter. The reversal of the defense judgment was as of a matter of law based on the lack of substantial evidence to support the SOL defense, which means judgment was entered in plaintiff’s favor because the trial court did find a fraudulent transfer to justify cancellation of the deed. Once the judgment fell, the attorney’s fees went POOF! also.
