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.