Gorman

Gorman v. Tassajara Development Corp.

Bad Law
100 Cal. Rptr. 3d 152·178 Cal. App. 4th 44·2009 Cal. App. LEXIS 1643
Court of Appeal of CaliforniaOctober 6, 2009H031196California23,816 words

Opinion

Opinion

Rushing, J.

I. Introduction

In this appeal, plaintiffs assert that the trial court did not award them enough attorney fees and costs against their former general contractor and that the court should have explained its awards.

In November 1999, defendant Tassajara Development Corporation (usually contractor) promised by written contract to serve as general contractor for the construction of a residence for plaintiffs John C. Gorman and Jennifer Cheng (collectively plaintiffs), husband and wife. The contract provided in part: “In the event of litigation between the parties, or if a party becomes involved in litigation because of wrongful acts of the other party, the prevailing party will be entitled to recover reasonable attorneys’ fees.”

Gorman is an attorney who is the chief executive officer, chief financial officer, president, and secretary of the law firm of Gorman & Miller, PC, a professional corporation (usually the Gorman firm). In December 2003, Gorman initiated this lawsuit by filing a complaint on behalf of plaintiffs against numerous defendants, including contractor, alleging the defective construction of the residence. In May 2006, plaintiffs entered into a global…

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