Daria v. Level Studios
evel Studios, Inc. (Level) and Thomas Adamski (collectively "respondents") are the prevailing parties in an action brought by Haley Daria. The trial court determined, inter alia, that Daria's claims were precluded by an earlier settlement agreement. Respondents moved for an award of attorney fees based on a provision in the agreement entitling the prevailing party to fees in any dispute arising under it. (See Civ. Code, § 1717.)[1] The trial court granted the motion.
Daria contends the trial court erroneously relied upon a "materially altered" version of the settlement agreement. This argument was not raised in the trial court; therefore, we do not consider it on appeal. (See Hepner v. Franchise Tax Bd. (1997) 52 Cal.App.4th 1475, 1486.) We reject her other contentions and affirm.
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