Berglass

INTRODUCTION

Plaintiff ABF Capital Corp. appeals from a judgment entered after the trial court sustained without leave to amend the demurrer of defendant Robert Berglass. Defendant appeals from an order denying his motion for an award of reasonable attorney’s fees.

Plaintiff contends the trial court abused its discretion in denying its motion for a new trial and in sustaining without leave to amend defendant’s demurrer. Defendant contends the trial court erred in applying New York law to his motion for an award of reasonable attorney’s fees. We reject plaintiff’s contentions and that of defendant as well. We consequently affirm both the judgment and the postjudgment order.

FACTS

We derive the pertinent facts from the complaint, filed on December 30, 2002, and from the assumption agreement incorporated in the complaint. Plaintiff incorporated in Delaware but has its principal place of business in New York. Defendant currently resides in California. On December 30, 1982, defendant obtained six units of interest in Regent Energy Partners, a New York limited partnership in the business of acquiring oil and gas property in Texas and Louisiana and the drilling, development…