Lafferty

Lafferty v. Wells Fargo Bank, N.A.

Bad Law
235 Cal. Rptr. 3d 842·25 Cal. App. 5th 398
Court of Appeal of CaliforniaJuly 19, 2018C080535California11,254 words

Opinion

lead Opinion

Hoch, J.

*403 This is the third appeal that comes to us in this case, which arises out of Patrick and Mary Lafferty's purchase of a defective motor home from Geweke Auto & RV Group (Geweke) with an installment loan funded by Wells Fargo Bank, N.A (Wells Fargo).

In Lafferty v. Wells Fargo Bank (2013) 213 Cal.App.4th 545 , 153 Cal.Rptr.3d 240 ( Lafferty I ), this court affirmed in part and reversed in part *404 the action brought by the Laffertys against Wells Fargo. Our disposition in Lafferty I awarded costs on appeal to the Laffertys. ( Id. at p. 573, 153 Cal.Rptr.3d 240 .) On remand after Lafferty I , the Laffertys moved for costs and attorney fees. The trial court granted costs in part but denied the Laffertys' request for attorney fees as premature because some causes of action remained to be tried. The Laffertys appealed.

In Lafferty v. Wells Fargo Bank (March 26, 2015, C074843, 2015 WL 1383659 ) [nonpub. opn.] ( Lafferty II ), this court held the award of costs on appeal did not include an award of attorney fees. ( Lafferty II, supra , C074843.) Lafferty II also held the Laffertys' request for attorney fees was prematurely filed. ( Ibid. ) After issuance of the remittitur in…

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