Tanner

William P. Tanner III appeals a judgment awarding Georgia L. Tanner $120,867.10 in costs and attorney fees. He challenges the trial court’s interpretation of a marital settlement agreement (MSA) provision and the amount of attorney fees awarded.

I

William and Georgia’s three-year marriage ended on September 22,1992. Their MSA incorporated into the judgment of dissolution provided, in part, “William will pay all legal fees associated with this dissolution.”

Two years later, William filed the underlying complaint seeking to set aside the MSA and the judgment, and an order to show cause asking the court to terminate the spousal support. In both matters he maintained he entered into the agreement because of an alleged misrepresentation made by Georgia.

The court denied William’s request to terminate support and William dismissed the civil complaint with prejudice a few days before Georgia’s Code of Civil Procedure section 437c summary judgment motion was to be heard. Georgia then filed motions for costs and attorney fees under sections 1032 and 1033.5, subdivision (a)(10)(A) & (C). The court awarded her $116,021.25 in fees and $4,845.85 in costs. William appeals the…