Clause Only Concerned Property Ownership, Not Litigation Between Parties.
Plaintiff won substantial damages from Bekins in a dispute involving property loss resulting from a move from one storage facility to another. Plaintiff then sought recovery of attorney’s fees under a fees clause in the Bekins contract. The lower court said “no,” prompting an appeal by plaintiff.
The appellate court said “no” also in DeposiTech, Inc. v. Bekins A-1 Movers, Inc., Case No. D061729 (4th Dist., Div. 1 June 5, 2013) (unpublished).
Like the trial court, the reviewing court concluded that the Bekins provision was a true indemnification provision rather than a fees clause. It was only concerned with whether the plaintiff owned the property and provided an indemnification to Bekins in that event; no language in the clause dealt with litigation between the parties. (Carr Bus. Enterprises, Inc. v. City of Chowchilla, 166 Cal.App.4th 14, 20 (2008).) Fee denial affirmed.
Moving van. Orth Van & Storage Co. Pasadena, CA. 19 – ?.