Melnyk

Melnyk v. Robledo

Good Law
134 Cal. Rptr. 602·1976 Cal. App. LEXIS 2103·64 Cal. App. 3d 618
Court of Appeal of CaliforniaDecember 6, 1976Civ. 47111California2,311 words

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.

After the earthquake of February 1971, plaintiff refused to make repairs…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.