Hyduke's Valley Motors v. Lobel Financial Corp.

Hyduke’s Valley Motors (Hyduke’s) appeals from the postjudgment order denying its motion for attorney fees against Lobel Financial Corporation (Lobel) and County Finance Services (CFS). Car wholesaler Hyduke’s prevailed in its action to recover from finance companies CFS and Lobel the purchase price of vehicles it sold to a used car dealer, which the dealer in turn sold to consumers, with financing provided by CFS and Lobel. Hyduke’s contends attorney fees were authorized by the conditional sales contracts between the used car dealer and the consumers that were then assigned to the finance companies. We reject its contentions and affirm the order.

FACTS AND PROCEDURE

The facts are detailed in our opinion in the concurrently filed companion appeal Hyduke’s Valley Motors v. Lobel Financial Corp. (Sept. 29, 2010, G042220) (nonpub. opn.). We briefly summarize them here as relevant to the attorney fees issue presented in this appeal.

Hyduke’s is a wholesale used car dealer. It sold vehicles to a second car dealer, Maria Del Rocio Garcia, doing business as U.S. Auto (U.S. Auto) with the agreement U.S. Auto would pay Hyduke’s when certificates of title were available to be…