Franke
Franke v. BAM Building Co.
Opinion
Opinion
Coffee, J.
BAM Building Company, a general partnership, Michael T. Novick, Robert J. Novick (deceased), BAM Building, a California limited liability partnership, Michael Todd Novick Living Trust, and Novick Family Trust Number One dated June 4, 1982 (collectively, BAM), appeal from a judgment entered after a bench trial awarding Nicholas A. Franke $178,288.61 in his action against BAM for liability on an undertaking. The award included $82,535.27 for Franke’s losses incurred in municipal and bankruptcy court actions resulting from BAM’s efforts to enforce a judgment against a third party, prejudgment interest (Code Civ. Proc., § 720.260, subd. (c)(2)), $39,270 in attorney’s fees and $2,148.71 in costs as the prevailing party (ibid.).
BAM contends that Franke incurred no recoverable losses as a result of its enforcement proceedings because BAM’s lien was invalid and its efforts to levy on a bankruptcy distribution were ineffective. BAM also challenges particular items of loss. BAM further contends that section 720.260 does not authorize an award of attorney’s fees in this action. We reverse the award of attorney’s fees in the amount of $39,270 and otherwise affirm.