Pellegrini

This is a consolidated action on appeal and cross-appeal by parties to a real estate transaction.

Appellants are David J. Weiss (Weiss), and Larry Stephens, Hedy Stephens, Elia Gris, Taline Gris, Bernard Yuman, Candice Yuman, The Bernard Yuman and Candice Yuman Revocable Living Trust, Barry Monblatt, Ellen Monblatt, the Monblatt Revocable Living Trust, Patricia Weiss and the Roth IRA of Patricia Weiss (collectively the Telford Investors).

Respondents are George Pellegrini (Pellegrini), Pellegrini & Associates, and Century 21/Chesire Realty.

Weiss and Pellegrini entered into a joint venture agreement for the purchase and development of real property in the Aptos Hills called Telford Ranch. The parties eventually came to an impasse, with Pellegrini filing suit against Weiss for various causes of action including breach of contract and fiduciary duty. Weiss countersued Pellegrini for restitution and rescission.

Following trial, the jury returned a verdict in favor of Pellegrini on the breach of fiduciary duty claim only, awarding him $300,000 in damages. Pellegrini brought a motion for attorney fees that was denied by the trial court on the ground that there was no legal…