US Source v. Chelliah CA4/3

I. INTRODUCTION

ChoiceAdz.com, a search engine optimization firm, filed a complaint against US Source, a marketing firm, for breach of contract. US Source responded with a cross-complaint for breach of contract, and included a cause of action for violation of Penal Code section 502.1 The focus of section 502 is computer hacking.2 Section 502 also has an attorney fee provision in subdivision (e) for civil actions filed “pursuant to” that subdivision.3 The trial judge rejected all claims by each party, but thereafter awarded ChoiceAdz.com its attorney fees on the basis of US Source’s unsuccessful section 502 claim. On appeal, US Source now presents a single, pristine issue of law: Is the opportunity for attorney fees under section 502 restricted to plaintiffs only? US Source says yes, therefore it was error to award any fees at all to ChoiceAdz.com, who was a defendant on US Source’s section 502 claim. But we conclude otherwise. The text is plain; any legislative history to the contrary is unclear. We affirm the order.

II. FACTS

Our facts are taken largely from the trial court’s statement of decision. US Source is operated by Christopher Russell and Anthony Gutierrez…