Russell

Plaintiffs Francis Russell and Virginia Russell appeal from a judgment in favor of defendants Trans Pacific Group, Brent Lee, and Yolanda Lee, following a court trial of plaintiffs’ action seeking legal and equitable relief due to defendants’ alleged breach of a joint venture agreement to acquire real property at a bankruptcy sale. Defendants cross-appeal, claiming the trial court erroneously denied their request for contractual attorney fees.

In the unpublished portion of this opinion, we conclude the trial court correctly determined defendants did not breach the joint venture agreement.

In the published portion of the opinion, we conclude the trial court properly denied defendants’ request for contractual attorney fees because defendants attempted to claim fees by using a memorandum of costs without filing a noticed motion as is required by statute and rule of court.

Accordingly, we shall affirm the judgment.

Factual and Procedural Background

Discussion

I. The Trial Court Reached the Right Result*

II. Cross-appeal—Denial of Attorney Fees

Defendants cross-appeal from the judgment insofar as the cost award excludes their claim for attorney fees under Civil Code…