Butler-Rupp

Roseanna Lourdeaux and Wallace Lourdeaux (hereafter collectively referred to as appellants) appeal the trial court’s award of attorney fees to Lili Butler-Rupp and Lili Butler Studio, Inc. (hereafter collectively referred to as respondents). The attorney fees at issue were awarded in connection with a prior appeal in which this court ordered the parties to bear their own costs. Appellants claim the lower court was without jurisdiction to award respondents their appellate attorney fees because this court did not make an award of costs. We disagree and affirm.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY

This court previously addressed the merits of this case in Butler-Rupp v. Lourdeaux (2005) 134 Cal.App.4th 1220 [ 36 Cal.Rptr.3d 685 ]. The underlying case concerned a commercial landlord-tenant dispute that involved both tort and contract claims. We reversed a $500,000 damages award for negligent infliction of emotional distress, affirmed the contract-based award of $855,000, and reversed the trial court’s order denying respondents their attorney fees incurred in connection with the trial. At the conclusion of the opinion, we stated: “The parties to the appeal are to bear…