Yates

MEMORANDUM *

In this consolidated case, Royal Yates (“Yates”) and GunnAllen Financial (“Gun-nAllen”) each appeal following a jury verdict of $586,000 in punitive damages to Yates after his brokerage account was excessively traded to generate commissions. Yates appeals the denial of his motion for attorney’s fees, and GunnAllen appeals the punitive damages award. We affirm. Because the parties are familiar with the facts and procedural history, we will not recount it here.

I

The district court correctly concluded that Yates is not entitled to attorney’s fees pursuant to California Civil Code section 1717(a). That section provides, in part:

Yates did not sue on a contract containing an attorney’s fees clause. The attorney’s fees provisions in the express contracts between the parties cannot be extended to cover the implied contract at issue here. “Several contracts relating to the same matters, between the same parties, and made as parts of substantially one transaction, are to be taken together.” Cal. Civ.Code § 1642 (2008). But, “it is generally recognized [that t]he term ‘contract’ as used in [section 1642] is de *562 scriptive only of a writing and, in reality, refers to an…