California Housing Finance Agency v. E.R. Fairway Associates I

Opinion

PUGLIA, P. J.

E.R. Fairway Associates I et al. (collectively defendant) appeal from a postjudgment order awarding plaintiff California Housing Finance Agency (CHFA) attorney fees and costs totaling $243,808.68. In awarding attorney fees the trial court concluded: (1) CHFA was the prevailing party in the action for breach of contract (Civ. Code, § 1717); and (2) various agreements, some of which contain an attorney fee provision i.e., a promissory note and deed of trust, and some which do not i.e., a regulatory agreement and a management contract, are, properly construed, parts of…