Childers

In this fraud action arising from the purchase of a residence, the plaintiffs Pat and Kathryn Childers (the buyers) appeal, while the defendants Richard and Valerie Vagg (the sellers) and the defendants Bobbie Edwards and TRI Realtors (the Realtor) cross-appeal. (The term “the defendants” will refer to all of the defendants collectively.)

In their appeal, the buyers contend the trial court erroneously granted the defendants’ motion for judgment. (Code Civ. Proc., § 631.8; all further references to undesignated sections and subdivisions will be to the Code of Civil Procedure unless otherwise noted). The trial court found the defendants had misrepresented the flooding and drainage problems on the property, but determined the buyers had failed to prove they were damaged. We conclude the trial court properly granted the defendants’ motion for judgment.

In their cross-appeals, the defendants contend they were the “prevailing parties” by definition and were entitled to contractual-authorized attorney fees as costs as a matter of right pursuant to sections 1021, 1032, subdivisions (a)(4) and (b), and 1033.5, subdivision (a)(10)(A) (section 1032, subdivision (a)(4) defines…