Colbaugh

Plaintiffs Roger D. Colbaugh, a real estate broker, and Rodney L. Niebuhr, a real estate salesperson associated with him, sued to recover a commission allegedly due them as cooperating brokers who were the procuring cause of the sale of certain real property.

After settling the case with the buyers of the property and the real estate agents who received the cooperating brokers’ commission, plaintiffs went to trial against defendants Hartline and Neville, the sellers of the property. At the conclusion of plaintiffs’ case, the trial court granted defendants’ motion for a nonsuit. Plaintiffs appeal the ensuing judgment.

The trial court also granted defendants’ motion for an order awarding them attorney fees as costs pursuant to Code of Civil Procedure section 1021.1. The trial court found that defendants had made an offer of settlement pursuant to Code of Civil Procedure section 998 which entitled defendants to the award of their attorney fees. The court therefore awarded defendants $25,974 for their costs in the action, including attorney fees. Plaintiffs also appeal this award.

Facts

Defendants Hartline and Neville owned the Deep Creek Ranch in Apple Valley. Desiring…