Ramos-Lovato

I. INTRODUCTION

This case involves two appeals. Defendant and appellant Community Bank (the

Bank) appeals the judgment awarding its landlord, plaintiff and appellant Jose Ramos-

Lovato (plaintiff), $1,047,250 in attorney fees and costs as the prevailing party on his

contractual claims against the Bank for breaching a lease on a building. (Civ. Code,

§ 1717.) Plaintiff defends the award and appeals from the judgment dismissing his tort

cause of action against the Bank for conversion. The court granted the Bank’s motion in

limine for judgment on the pleadings and dismissed the conversion claim on the ground it

was not independent of plaintiff’s breach of lease claims.

After the building was destroyed by fire in January 2004, plaintiff sued the Bank

for breaching the lease in several respects, including failing to pay rent and property taxes

through the end of the lease term, failing to carry all risk insurance on the building,

failing to use insurance proceeds the Bank received to rebuild and restore the building,

and failing to rebuild and restore the building. Plaintiff also sued the Bank for negligence

in causing the fire and for converting insurance proceeds to its…