Building Maintenance Serv. Co. v. AIL Sys., Inc.

Opinion

LILLIE, P. J.

AIL Systems, Inc. (AIL) appeals from that part of a judgment determining that Building Maintenance Service Company (BMS) was the prevailing party on AIL’s cross-complaint and awarding costs and attorney’s fees to BMS in the amount of $366,796.93. The principal issues on appeal are (1) whether BMS is a prevailing party under Code of Civil Procedure section 1032, and (2) whether BMS is entitled to attorney’s fees and costs under the provisions of Civil Code section 1717.

Factual and Procedural Background

The underlying action arose out of a slip and fall by plaintiff Barbara…