Tessie Cleveland Communityh Services v. Loghmani CA2/2

Good Law
Court of Appeal of CaliforniaJanuary 29, 2015B251944California368 words

Opinion

Opinion

BACKGROUND

Mohsen Loghmani, a licensed provider of contracting, professional engineering, and architectural services, entered into a number of agreements with respondent Tessie Cleveland Community Services Corp. (Tessie). In November 2011, a jury found Loghmani liable for professional negligence, misrepresentation, and breach of contract. Tessie was awarded net damages of $388,325.47. Judgment was entered on March 7, 2013. The trial court denied Loghmani’s motions for new trial and for judgment notwithstanding the verdict.1 On August 6, 2013, the trial court granted Tessie’s motion for attorney fees, awarding $1,458,101.25. Loghmani’s appeal from that order is timely.

DISCUSSION

An order awarding attorney fees is generally reviewed for an abuse of discretion, though the issue of whether fees are awardable by contract or otherwise is a question of law. (Chodos v. Borman (2014) 227 Cal.App.4th 76, 91.) The record on appeal does not contain Tessie’s motion for attorney fees or any opposition papers, and Loghmani’s appellate brief does not contain an independent argument for overturning the attorney fees award. Instead, Loghmani argues that the trial

On November 13, 2014,…

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