Melnyk
Melnyk v. Robledo
Opinion
Opinion
Ashby, J.
Defendant M. Louise Robledo appeals from that portion of a judgment in her favor awarding her attorney’s fees in less than the amount requested, and from a subsequent order denying her motion for additional attorney’s'fees after judgment.
The background of the litigation is that in 1965 plaintiff Stephen L. Melnyk purchased an apartment complex, executing a note secured by a first trust deed in favor of Western Savings and Loan in the amount of $325,000 and a note, payable interest only until maturity, due December 1977, secured by a second trust deed in favor of defendant in the amount of $183,000. Under the terms of the purchase, plaintiff was responsible for “repairs” but if.housing authorities required “rehabilitation,” plaintiff was entitled to withhold up to $500 per month of the monthly interest payments and add them to the balance due. In addition, a subordination agreement between plaintiff and defendant permitted plaintiff to obtain additional loans on the security of the land which would be prior in interest to defendant’s security interest if the lender agreed to certain stated terms.