Holguin

Holguin v. Dish Network LLC

Good Law
178 Cal. Rptr. 3d 100·2014 Cal. App. LEXIS 857·229 Cal. App. 4th 1310
Court of Appeal of CaliforniaSeptember 22, 2014D059983California9,300 words

Opinion

Opinion

O'Rourke, J.

Defendants DISH Network LLC (DISH), AT&T Corporation (AT&T), and EchoStar Satellite LLC (EchoStar) appeal the judgment and two postjudgment orders in favor of plaintiffs Manuel and Deborah Holguin (the Holguins) following a jury trial on the Holguins’ complaint for breach of contract, negligence, and other torts. DISH, AT&T, and EchoStar contend that the trial court erred by denying their motion for judgment notwithstanding the verdict and for a new trial and by granting contractual attorney fees to the Holguins. The Holguins cross-appeal, contending that the court abused its discretion in making an award of attorney fees that allegedly does not fully compensate the Holguins’ attorneys. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Two AT&T sales agents visited the Holguins’ home in November 2006. The sales agents offered the Holguins telecommunications services from AT&T and certain affiliates. The Holguins ordered a bundle consisting of telephone, Internet, and satellite television services. Deborah Holguin signed a “California Order Form Worksheet” (Order Form), which specified the types of telephone, Internet, and satellite television services that the Holguins had…

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