Roth Grading, Inc. v. Martin Brothers Construction
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROTH GRADING, INC., No. 2:20-cv-00336-KJM-CKD Plaintiff, ORDER v. MARTIN BROTHERS CONSTRUCTION, 1S Defendants. 16 Martin Brothers Construction moves for an award of its attorneys’ fees following 18 judgment in its favor in this breach-of-contract dispute with Roth Grading, Inc. See Mot., ECF No. 43; Order (October 6, 2020) (Prev. Order) at 1, ECF No. 41. As explained in more detail 20 below, the motion is granted: the contract in question includes an enforceable attorneys’ fees provision, and the requested fees are reasonable. 22 I. BACKGROUND Roth sells heavy construction equipment, including “impactors.” Prev. Order at 1. This 24 litigation arose after Roth sent a contract purchase order to Martin for purchase of an impactor. 25 See First Am. Compl. (FAC) § 10, ECF No. 34; Roth Contract Purchase Order (Roth Form), Mot. 26 Ex. 1 at 9,! ECF No. 43-1. Martin returned the…