Telco Leasing, Inc. v. Transwestern Title Co., D/B/A California Land Title Co. Of Marin

The appellant, Telco Leasing, Inc., an Illinois corporation, appeals from the district court’s order granting summary judgment in favor of the appellee, Transwestern Title Co., d/b/a California Land Title Co., a California corporation, and from the district court’s subsequent judgment granting the appellee’s motion for attorney’s fees. The complaint alleged that the appellee breached a contract to lease telephone equipment by its failure to make lease payments.

The action was filed on April 2, 1976 in the Circuit Court of Cook County, Illinois, and thereafter removed to the United States District Court for the Northern District of Illinois pursuant to 28 U.S.C. § 1441 . The action was then transferred to the Northern District of California pursuant to 28 U.S.C. § 1404 (a). On February 2, 1978, the district court entered an order granting the appellee’s motion for summary judgment. On May 1, 1978, the district court entered a judgment granting the appellee’s motion for attorney’s fees and costs in the sum of $3,162.25. As discussed infra, we affirm the district court’s order granting summary judgment, but reverse the judgment awarding attorney’s fees.

I

On December 20, 1972, the…