Lin
Lin v. A-Z Essential Pharmaceutical CA2/7
Opinion
Opinion
INTRODUCTION
Bruce Y. Lin and Po-Chia “Rebecca” Lin appeal from a postjudgment order denying their motion for contractual attorney fees and costs. The Lins sued A-Z Essentials Pharmaceutical Inc., Essential Pharmaceutical Corp., and Mohamad Moussaoui (collectively, A-Z) in connection with the sale of their business to A-Z. The parties settled on the day of trial. We conclude the Lins are entitled to recover their attorney fees and costs as the prevailing parties because they obtained a net monetary recovery under the parties’ stipulated judgment, and the stipulated judgment’s silence on the issue of attorney fees and costs does not preclude such an award.1 Accordingly, we reverse.
FACTUAL AND PROCEDURAL BACKGROUND
In 2021, the Lins sold their pharmaceutical manufacturing business and related real property to A-Z. The parties entered into two agreements, one of which contained an attorney fees provision. The Agreement of Purchase and Sale of Real Property (the Real Property Agreement) stated: “In the event of the bringing of any action or suit by Seller, and/or Buyer against another party hereunder by reason of any breach of any of the covenants, agreements or provisions on the…