Vons Co., Inc. v. Lyle Parks, Jr., Inc., No. B208335
In a case involving a construction contract of a shopping center, trial court's judgment is affirmed in part and reversed in part and remanded where: 1) trial court erred in refusing to award litigation costs to Vons who had prevailed on two causes of action assigned to it by the original plaintiff, and thus the case is remanded for purposes of determining what costs were reasonably necessary to the conduct of the litigation; and 2) trial court did not err in denying Von's motion for an award of attorney's fees under Civil Code section 1717, because the warranty on which the plaintiff's claims were based contained no attorney's fees provision.
Filed September 17, 2009
Opinion by Judge Bendix
For Appellant: Ropers, Majeski, Kohn, Bently PC, James A. Lassart, Adrian G. Driscoll and Suzanne E. Rischman