Gil v. Mansano

Opinion

GRIGNON, Acting P. J.

INTRODUCTION

Three individuals engaged in a business venture together. Two of the individuals purchased the third individual’s share of the business. All three entered into a written purchase agreement and a separate written release. The release included an attorney fee provision applicable to an action brought to enforce the release. One of the two remaining owners sued the other for fraud, and the defendant asserted the release as an affirmative defense. The defendant prevailed on summary judgment and was awarded attorney fees pursuant to the attorney fee…