Plaintiff Did Obtain Compensatory Damages On Other Claims, But No Need To Award Other Fees Where Plaintiff Did Not Prevail On The Swimming Pool Claims.
In Lee v. Cardiff, Case No. A163817 (1st Dist., Div. 1 July 13, 2023) (unpublished), plaintiff brought claims relating to a swimming pool/spa and other constructions claims. Plaintiff did prevail on many of the claims, but the lower court rejected most of her swimming pool/spa claims. Plaintiff moved for attorney’s fees under Business & Professions Code section 7168, which is only limited to swimming pool issues. The lower court denied fees under this provision because plaintiff did not prevail on the swimming pool issues even though she did under more expansive home improvement issues.
The First District affirmed. Section 7168 is limited to swimming pool issues, not other home improvement issues, such that a plaintiff not prevailing on the swimming pool issues was dispositive based on the limited swimming pool “prevailing party” status. The appellate court determined that the statute could not be expanded to cover other home improvement issues.
BLOG COMMENTARY—This case takes co-contributor Mike back away. He started out as a law clerk on the Fifth District Court of Appeal. He helped contribute to the swimming pool opinion in King v. Hinderstein, 122 Cal.App.3d 430 (1981) when he clerked for Justice Zenovich. That opinion of the legislative history behind the remedial purposes of section 7168.