Carr Business Enterprises, Inc. v. City of Chowchilla
California Court of Appeal
[CERTIFIED FOR PARTIAL PUBLICATION*]
1Opinion of the Court
Opinion
WISEMAN, J.
In the published portion of this opinion, we affirm the denial of a request for contractual attorney fees, concluding that the provision relied upon to authorize fees is a standard indemnity clause. We conclude these types of provisions do not create a reciprocal right to fees, despite a reference to performance of work under the contract.
In the unpublished portion of the opinion, we affirm an award of prejudgment interest payable on retention damages from the date the contract work was completed, despite the existence of offset claims and a dispute regarding liability.
PROCED…
2Cases cited9 opinions
- Myers Building Industries, Ltd. v. Interface Technology, Inc.California Court of Appeal · 1993
- Continental Heller v. AMTECH MECHANICAL SERV.California Court of Appeal · 1997
- Bankes v. LucasCalifornia Court of Appeal · 1992
- Widson v. International Harvester Co.California Court of Appeal · 1984
- Campbell v. Scripps BankCalifornia Court of Appeal · 2000
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- Taburaza v. Zarate (In re Zarate)United States Bankruptcy Court, N.D. California · 2017
- Rideau v. Stewart Title of California CA4/1California Court of Appeal · 2015
- Agk Sierra De Montserrat, L.P. v. Comerica BankCourt of Appeals for the Ninth Circuit · 2024
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