Ahern
Ahern v. Asset Management Consultants CA2/5
Opinion
Opinion
Mosk, J.
INTRODUCTION
Plaintiffs and appellants (plaintiffs)1 appeal from the trial court’s postjudgment order awarding attorney fees to defendants and respondents (defendants).2 Plaintiffs contend that the trial court erred when it found that defendants had prevailed on a contract claim and when it determined that defendants were entitled to enforce the attorney fees provision in the purchase agreement in issue. Defendants contend that the issue of whether they are parties to the purchase agreement entitled to enforce its attorney fees provision has been decided in their favor by the trial court in a related action between the same parties. They also contend that they have a right, even as nonsignatories, to enforce the attorney fees provision under Civil Code section 1717. Contrary to defendants’ assertion, the issue of whether defendants are parties to the purchase agreement has been decided against them by the Court of Appeal in the other related action between the same parties, case number B253974.3 Because we agree with that decision, we hold that defendants are not parties to the purchase agreement entitled to enforce its attorney fees provision. We further hold that defendants…