Hamilton

Burkhalter Kessler Clement & George LLP v. Hamilton

Good Law
19 Cal. App. 5th 38·228 Cal. Rptr. 3d 154
Court of Appeal of CaliforniaJanuary 8, 2018G054337California2,820 words

Opinion

lead Opinion

Moore, J.

*40 Burkhalter Kessler Clement & George LLP (Burkhalter) subleased a portion of its office space to the Eclipse Group LLP (Eclipse). The sublease contract had a provision for an award of reasonable attorney fees to *41 the prevailing party in the event of a lawsuit. Burkhalter later filed a complaint against Eclipse alleging breach of contract; Burkhalter also named Jennifer Hamilton, a managing partner of Eclipse, as an alter ego defendant. The two defendants were jointly represented by Avyno Law P.C. (Avyno).

Burkhalter prevailed against Eclipse on the breach of contract claim (in a summary judgment motion); Hamilton prevailed against Burkhalter on the alter ego theory (she was dismissed with prejudice). The trial court granted Burkhalter's motion for its attorney fees, but denied Hamilton's motion for her attorney fees. There was no explanation for the court's denial. Hamilton appeals.

We reverse. In some lawsuits involving more than two parties, there may be more than one "prevailing party" entitled to contractual attorney fees under Civil Code section 1717. 1 Here, both Burkhalter and Hamilton are prevailing parties on the contract. On remand, the trial court is directed to…

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