Grasso

Introduction

Plaintiffs and appellants Antoinette Grasso and Kathleen Grasso appeal from an order denying their motion for attorney fees expended in successfully pursuing their claims against defendant and respondent Robert T. Crow for breach of contract, breach of warranty under California Uniform Commercial Code section 3416, breach of indorser’s obligations under section 3415, and money had and received. We disagree with plaintiffs’ contention that section 3416 sanctions an award of attorney fees, and we affirm the trial court’s order.

Factual and Procedural Background

Defendant received a check in the amount of $84,945.43, which he presented to Uncle Sam’s, a check cashing business, in July 1993. It was determined at a court trial on plaintiffs’ complaint that defendant caused payment to be stopped on the check even before he presented it to Uncle Sam’s, but still received from Uncle Sam’s the cash proceeds from the check, less a 7 percent commission. Judgment was awarded to plaintiffs in the amount of $84,945.43, plus 10 percent interest.

The trial court then denied plaintiffs’ motion to collect attorney fees, and the plaintiffs filed the present appeal from that…