Mills Potoczak & Co. v. Habersham Funding CA3

Filed 6/1/15 Mills Potoczak & Co. v. Habersham Funding CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Sacramento) ----

MILLS POTOCZAK & COMPANY et al.,

Cross-complainants and Respondents, C074955

v. (Super. Ct. No. 34200900056531CUPOGDS)

HABERSHAM FUNDING LLC,

Cross-defendant and Appellant.

Appellant Habersham Funding LLC (Habersham) challenges the denial of its motion for contractual attorney fees and costs based on a fee-shifting clause in an escrow agreement for which respondent Mills, Potoczak, & Company (Mills) served as escrow agent. The trial court denied the motion on grounds the escrow agreement was not implicated in the cross-complaint filed by Mills against Habersham. Thus, the trial court concluded…