People ex rel. Department of Corps. v. Speedee Oil Change Systems, Inc.

I concur.

Civil Code section 1717, subdivision (a), provides that “[i]n any action on a contract, where the contract specifically provides that attorney’s fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract . . . shall be entitled to reasonable attorney’s fees in addition to other costs.” I agree that the parties did not “specifically provided” for fees under these circumstances because of the “final judgment” language in the attorney fees clause.

Witkin states, “There is only one final judgment, the last or ultimate judgment which determines the rights of the parties.” (7 Witkin, Cal. Procedure (4th ed. 1997) Judgment, § 7, p. 544.) The exception is “where separate and independent relief is sought by or against different parties.” (Ibid.) This exception does not apply here. There can also be an “interlocutory judgment or order”—“a provisional determination of some or all issues in the cause.” (7 Wikin, supra, § 12, p. 548.) That situation likewise is not applicable to this matter. Thus, I agree that the attorney fees…

I. INTRODUCTION

Defendants, SpeeDee Oil Change Systems, Inc., NoCal, Inc., Gary L. Copp, and Kevin M. Bennett, appeal from a January 6, 2006 order awarding attorney fees on appeal to plaintiffs in intervention, Beldoon Corporation, Donald Almen, Belva Almen, Jon Andersen, Jerry Beezley, M.G. Han, Sam Lau, and Christopher Mack (interveners). Interveners argue that they are entitled to fees pursuant to the attorney fees clause in several franchise agreements, all of which contain the same language. 1 The attorney fee clause provides that the party in whose favor the “final judgment” is entered is entitled to recover attorney fees. After a trial, judgment on the complaints in intervention was entered in defendants’ favor. Defendants then secured a postjudgment attorney fee award, which we reversed on appeal at interveners’ urging. Interveners then filed their attorney fee motion. Interveners argued our opinion reversing the attorney fee award in defendants’ favor was a “final judgment” within the meaning of the attorney fee clause. An attorney fee *427 award was issued in interveners’ favor. We conclude, utilizing traditional contract interpretation principles, that…