Lower Court Determined Both Parties “In Pari Delicto,” So No Fees Were Warranted.
The Fourth District, Division Three, in S&S Engineering and Construction v. Ashby Enterprises, LLC, Case No. G062701 (4th Dist., Div. 3 Jan. 22, 2026) (unpublished), decided that a lower court’s denial of fees to a plaintiff winning on one negligent misrepresentation claim was not entitled to attorney’s fees. The reason was that the commercial leases were held to be illegal, void, on a COO issue; however, the lower court’s determination that the parties were “in pari delicto” (one of the Latin phrases still in use) did not allow recovery of fees based on this illegality. For our readers, this decision did discuss Yuba Cypress.
BLOG OBSERVATION: “In pari delicto”: “in equal fault.”