Prevailing Party Was Entitled To Fee Recovery Of $67,830 Based On Fee Clauses In Notes.
In R&J Construction, Inc. v. Abadir, Case Nos. A153301/A154101 (1st Dist., Div. 5 May 10, 2019) (unpublished), prevailing party obtained a $67,830 fee recovery based on contractual fees provisions in several notes. On appeal, the losing party argued that fees were improperly awarded for claims sounding in tort versus contract. However, given that intertwined work on tort claims can support recovery of work on non-contractual claims, that was the case here, resulting in affirmance of the fee award.