Legal Opinion
Bankes v. Lucas
California Court of Appeal
Decided September 4, 1992No. B054702PublishedCited by 45 opinions
1Opinion of the Court
Opinion
JOHNSON, J.
Appellants, Russell and Marilyn Bankes, appeal from the order of the trial court awarding respondents, Charles and Marianne Lucas, additional attorney fees as costs incurred opposing postjudgment motions. In an earlier opinion reviewing the merits of the controversy, we concluded neither party was the “prevailing party” under the contract, entitling neither party to an award of attorney fees. As a result, we must reverse the postjudgment award of fees as well.
Facts and Proceedings Below
Bankes and Lucas owned contiguous properties subject to a common declaration of covenants,…
2Cases cited13 opinions
- Coast Bank v. HolmesCalifornia Court of Appeal · 1971
- Stockton Theatres, Inc. v. PalermoCalifornia Supreme Court · 1956
- Hogan v. IngoldCalifornia Supreme Court · 1952
- Grant v. List & LathropCalifornia Court of Appeal · 1992
- Olson v. HickmanCalifornia Court of Appeal · 1972
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3Cited by45 opinions
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- Sears v. BaccaglioCalifornia Court of Appeal · 1998
- Pazderka v. Caballeros Dimas Alang, Inc.California Court of Appeal · 1998
- Tri-State Rubbish, Inc. v. Waste Management, Inc.Court of Appeals for the First Circuit · 1993
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