Prevailing Party: $78,500 Attorney’s Fees/Costs Award Affirmed Against Non-Prevailing Party Admitting In A Summary Judgment Non-Opposition That Conceded Their Cross-Claims Had No Merit

Admissions In The Summary Judgment Proceeding Were Preclusive.

            The next case, Blue Fountain Pools and Spas, Inc. v. Zauss, Case No. E077923 (4^th Dist., Div. 2 Jan. 30, 2023) (unpublished), cautions litigants that admissions in law and motion non-oppositions can have preclusive results in later fee motions.  In this one, cross-complainants admitted in a summary judgment non-opposition that their cross-claims lacked merit.  Later, the trial judge granted the prevailing cross-defendants $78,500 in contractual fees and costs.  That result “stuck” on appeal because the admissions showed there was a final victory on the cross-claims, not just an “interim win.”