POOF!: Fee Awards On Both Sides Went Away With Reversal of Rescissionary Judgment

Fourth District, Division 2 So Rules in Unpublished Opinion.

     Reversal on appeal can have dire consequences, not to mention that fee awards can become moot. That is what happened in H & H Investments Co., Inc. v. Chang, Case Nos. E046900/E047471 (4^th Dist., Div. 2 Aug. 17, 2010) (unpublished).

    

                      Fortuna.  Albrecht Durer.  ca 1502.

     Briefly stated, plaintiff was allowed to rescind a loan transaction, but defendant appealed—including a lower court determination that defendant was liable for fees and costs of $48,962.65. Cross-defendant appealed a “tort of another” fee award of $40,000 in favor of plaintiff/cross-complainants. Because the crucial award of rescission against defendant was reversed, the fee awards were moot and fell as well. Or, put another way, they went POOF!