Berti

Corporations Code section 15634 gives a limited partner the right to inspect the partnership’s books and records.

General partners, a limited partnership and a limited partner enter into a settlement agreement concerning a dispute involving section 15634. The settlement is merged into the judgment. The trial court denies a motion for attorney fees incurred to enforce the judgment pursuant to section 15634 because the settlement agreement does not provide for postjudgment attorney fees. We reverse. Postjudgment attorney fees are available under section 15634, subdivisions (g) and (h), notwithstanding the silence of the agreement and judgment.

FACTS

Santa Barbara Beach Properties (SB Beach) is a limited partnership. William J. Levy and Roy J. Millender are general partners. Richard A. Berti, trustee of the Berti Family Trust, and llene Bruckner (collectively Berti) are limited partners.

In March of 1999, Berti filed a petition for writ of mandate against the partnership and its general partners. The petition alleged that SB Beach and its general partners violated section 15634 by refusing to allow Berti to inspect and copy its financial records. In May of 1999, the…