Bruckman

Bruckman v. Parliament Escrow Corp.

Good Law
190 Cal. App. 3d 1051·1987 Cal. App. LEXIS 1657·235 Cal. Rptr. 813
Court of Appeal of CaliforniaMarch 31, 1987Docket Nos. B016901, B020353California4,127 words

Opinion

Opinion

Stone, J.

Parliament Escrow Corporation (Parliament) appeals from a judgment in favor of Ronald Bruckman (Bruckman) for $8,297.01, plus interest of $3,216.21, costs of $531.13, and attorney’s fees of $16,022.25. Parliament contends that: (1) Bruckman’s claims were barred by the statute of limitations; (2) the trial court could not award attorney’s fees pursuant to Civil Code section 1717 for an action based on negligence; (3) the amount of attorney’s fees awarded was uncertain and unreasonable; (4) Bruckman was not entitled to indemnity from Parliament; and (5) the trial court’s finding a breach of contract was erroneous. We find no error and affirm the judgment.

Facts

In January 1977, Bruckman and Su opened an escrow with Parliament for the sale of Su’s lot 197 in Oxnard, California to Bruckman, this escrow to close April 13,1977 and contingent on Bruckman’s selling his lot 831 (that contingency would be waived if Bruckman failed to notify the escrow agent to the contrary by Feb. 10, 1977). Supplemental escrow instructions signed by Bruckman authorized Parliament to use the proceeds from the sale of lot 831 to fund the purchase of lot 197.

Alan Smotkin offered to buy lot 831…

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