Contractors Labor Pool, Inc. v. Westway Contractors, Inc.

Defendant, appellant and cross-respondent American Bonding Company (hereafter, ABC) appeals from a judgment of the superior court, in which, after a court trial, the court found in favor of plaintiff, respondent and cross-appellant, Contractors Labor Pool, Inc. (CLP) in CLP’s action against ABC and codefendants Westway Contractors, Inc., and its president. CLP’s complaint sought recovery of damages for breach of contract and common counts as well as recovery on a payment bond which had been furnished by ABC pursuant to Civil Code section 3248. CLP cross-appeals from a postjudgment order awarding it attorney fees under Civil Code section 3250. CLP contends the award was so grossly inadequate as to constitute an abuse of discretion.

In the judgment, the court found Westway and its president liable to CLP for damages and also found CLP entitled to recover against ABC on the bond. On a cross-complaint by ABC, the court found ABC entitled to indemnification from Westway. In its postjudgment order awarding attorney fees and costs, the court awarded CLP a total of $12,543.17, including $7,965.49 in attorney fees. CLP had filed a motion for $43,151 in attorney fees for…