Civil Code Section 1717: Hyduke’s Valley Motors Decision Now Published

Fourth District, Division 3 Puts Decision “In the Books.”

     In our September 30, 2010 post, we discussed Hyduke’s Valley Motors v. Lobel Financial Corp., Case No. G042816 (4th Dist., Div. 3 Sept. 29, 2010), which found no Civil Code section fee recovery was allowable to a plaintiff used car dealer because it did not prevail “on the contract” and could present no viable third-party beneficiary theory for fee recovery.

     On October 21, 2010, the appellate court certified the decision for publication, which was a 3-0 decision authored by Acting Presiding Justice O’Leary.

     HAT TIP–We give a hat tip to Ronald J. Green, Jr. for pointing this out to us. Mr. Green and Gary Dean Lobel were the winning counsel – on the fees issue — for Lobel Financial Corporation in the case. 

Pres. Bush & Cowboy Hat

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