Fear Not Law CA Pub. Decisions

PEOPLE ex rel. DEPARTMENT OF CORPORATIONS v. SPEEDEE OIL CHANGE SYSTEMS, INC.,

Filed 2/22/07 PEOPLE ex rel. DEPARTMENT OF CORPORATIONS v. SPEEDEE OIL CHANGE SYSTEMS, INC.,
CA Pub. Decisions
PEOPLE ex rel


PEOPLE ex rel. DEPARTMENT OF CORPORATIONS v. SPEEDEE OIL CHANGE SYSTEMS, INC.,


 


Filed 2/1/07


CERTIFIED FOR PUBLICATION


 


IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA


SECOND APPELLATE DISTRICT


DIVISION FIVE







THE PEOPLE ex rel. DEPARTMENT OF CORPORATIONS,


            Plaintiff,


           v.


SPEEDEE OIL CHANGE SYSTEMS, INC., et al.,


            Defendants and Appellants;


BELDOON CORPORATION, et al.,


           Intervenors and Respondents.



      B188775


      (Los Angeles County


      Super. Ct. No. BC109765)



            APPEAL from an order of the Superior Court of Los Angeles County, Victor H. Person, Judge.  Affirmed in part; reversed in part.


            Fitzgerald Abbott & Beardsley, Edward M. Keech and Dawn Newton for Defendants and Appellants.


            Terrence A. Beard for Intervenors and Respondents Jon Andersen, Jerry Beezley, M.G. Han, Sam Lau, and Christopher Mack.


            Craig J. Bassett for Intervenors and Respondents Beldoon Corporation, Donald Almen, and Belva Almen.



I.          INTRODUCTION


            Defendants, SpeeDee Oil Change Systems, Inc., NoCal, Inc., Gary L. Copp, and Kevin M. Bennett, appeal from a January 6, 2006 order awarding attorney fees on appeal to plaintiffs in intervention, Beldoon Corporation, Donald Almen, Belva Almen, Jon Andersen, Jerry Beezley, M.G. Han, Sam Lau, and Christopher Mack (the intervenors).  The intervenors argue that they are entitled to fees pursuant to the attorney fees clause in several franchise agreements; all of which contain the same language.[1]  The attorney fee clause provides that the party in whose favor the â€

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