Erickson

After losing the jury trial in this construction defect litigation, plaintiffs and cross-complainants John Erickson et al. (collectively Erickson) appeal the portion of the amended judgment awarding attorney fees to defendant and cross-defendant R.E.M. Concepts, Inc. (R.E.M.) under Civil Code section 1717. Erickson contends the court erred to the extent it awarded R.E.M. attorney fees attributable to R.E.M.’s defense against Erickson’s noncontractual claims. Erickson also contends the court erred by concluding he assumed liability for attorney fees as the assignee of the cross-complaint brought against R.E.M. by YLR, Inc. and its related entities.

R.E.M. moves to dismiss Erickson’s appeal as untimely, a motion we deny. Further, we determine Erickson has not established any reversible error with respect to the attorney fee award, and accordingly, affirm the amended judgment.

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INTRODUCTION

A

Factual and Procedural Background

YLR and entities related to Brehm Homes were the developers and general contractors of two housing projects in Oceanside. In October 2001 John Erickson and other homeowners in the developments commenced this litigation by suing various…