Moss

This is an appeal from orders after judgment denying a motion for an award of attorney’s fees.

The appellants, Kelvin H. and Leslie Moss (collectively the Mosses), were sued on cross-complaints by the respondents, Pacific Preferred Properties, Inc. (PPP), and NorCal Realty Partners (NorCal), for wrongfully foreclosing a deed of trust that the Mosses received as part of the consideration for the purchase of their house. After prevailing on summary judgments as to the cross-complaints, the Mosses sought an award of attorney’s fees predicated upon an attorney’s fees provision in the purchase contract for their house which expressly applies to actions instituted by or against the broker arising out of the house sales contract. The Mosses contended that NorCal was liable as the principal that operated the brokerage named in the purchase contract and PPP was liable as the successor in interest of NorCal.

The trial court denied an award on the ground that, notwithstanding the attorney’s fees award provision, NorCal and PPP could not be held liable because the broker was not a party to the contract. We disagree.

In the published portion of the opinion we conclude the named…