Defendants lost a sales commission dispute against a plaintiff under the Independent Wholesale Sales Representatives Contractual Relations Act, Civ. Code, § 1738.10 et seq., which has a mandatory fee-shifting provision in favor of a prevailing party (§ 1738.16). Plaintiff then won an unopposed fee award of $113,841.10.
The award was affirmed in Reilly v. Inquest Technology, Inc., Case No. G047487 (4th Dist., Div. 3 July 31, 2013) (unpublished). The defense adopted “a deliberate but risky trial strategy to champion application of the Act before, during, and after trial.” Having lost the case, the defense had nowhere to go as far as contesting the adverse fee award.