P R Burke Corp. v. Victor Valley Wastewater Reclamation Authority

“All too often attorney fees become the tail that wags the dog in litigation.” (Deane Gardenhome Assn. v. Denktas (1993) 13 Cal.App.4th 1394, 1399 [ 16 Cal.Rptr.2d 816 ].)

In this action, Bragg Investment Company sued P R Burke Corp. (Burke) for $53,989. Burke cross-complained against the Victor Valley Wastewater Reclamation Authority (the Authority), essentially for indemnity. The trial court awarded Bragg just $9,561 against Burke; it denied Burke any recovery against the Authority whatsoever, and it ruled that the Authority was entitled to recover attorney’s fees froiti Burke. Thereafter, it awarded the Authority $64,619.50 in attorney’s fees.

Burke’s sole appellate contention is that the Authority was not entitled to recover attorney’s fees because the applicable contract contains an indemnity provision rather than an attorney’s fee provision. The Authority mounts a multipronged response. In addition to arguing, of course, that it was entitled to attorney’s fees, it argues that:

We will hold that we have jurisdiction to review the entitlement to, and not merely the amount of, attorney’s fees. We will further hold, however, that Burke has waived its contention that…