Addison

In this action for breach of an automobile lease and related causes of action, defendant Brian Burnett moved for nonsuit, claiming the lease was actually a security agreement as a matter of law. The trial court denied the motion, and at the conclusion of a jury trial, Burnett was found liable under the lease.

Burnett appeals, contending the court erred in ruling that the disputed document was a true lease rather than a disguised security agreement. He also appeals, without argument, from the postjudgment order awarding attorney fees, solely to preserve his challenge in the event that the underlying judgment is reversed. We find no basis for reversal, however, and accordingly affirm both the judgment and the attorney fee order.

Background

Burnett is an automobile dealer, co-owner (with his wife) of RBB, Inc., doing business as Ferrari of Los Gatos. Addison, the owner of an automobile leasing company, regularly did business with Burnett personally as well as with Ferrari of Los Gatos. He would purchase a vehicle from the dealership for Burnett or for Burnett’s customer and then lease it back to that person.

In May of 1989 Burnett asked Addison to purchase a 1967 Ferrari…