Building Maintenance Serv. Co. v. AIL Sys., Inc.
Opinion
Opinion
Lillie, J.
AIL Systems, Inc. (AIL) appeals from that part of a judgment determining that Building Maintenance Service Company (BMS) was the prevailing party on AIL’s cross-complaint and awarding costs and attorney’s fees to BMS in the amount of $366,796.93. The principal issues on appeal are (1) whether BMS is a prevailing party under Code of Civil Procedure section 1032, and (2) whether BMS is entitled to attorney’s fees and costs under the provisions of Civil Code section 1717.
Factual and Procedural Background
The underlying action arose out of a slip and fall by plaintiff Barbara Hiott on the premises of her employer, AIL; Hiott claimed that the floor was negligently maintained. AIL had contracted with BMS to provide janitorial services. Hiott sued BMS for negligence on December 26, 1990. BMS brought AIL into the action as a party on August 27, 1991, when BMS filed a cross-complaint against AIL for indemnity, contribution and declaratory relief.
On February 6, 1992, AIL filed a cross-complaint against BMS for reimbursement of over $300,000 in workers’ compensation benefits paid to Hiott, and for indemnity and declaratory relief. AIL’s indemnity claim was based in part on…