M.A. Butters & Assocs. v. City of Lancaster
In M.A. Butters & Associates v. City of Lancaster, No. B171806, filed on August 12, 2005 [nonpub. opn.], we affirmed a judgment in favor of M.A. Butters & Associates (Butters) for $1,069,988 in contract damages. We disapproved a further award of $750,000 for the loss of future profits on the ground that, under the facts of this case, these damages were speculative. The trial court did not award any attorney fees on the ground that the contract entered into between Butters and the City of Lancaster (City) did not contain a provision for fees. We disagreed with this conclusion and remanded with directions to hear and determine the amount of attorney fees to be awarded to Butters. Upon the remand, and following comprehensive briefing and argument, the trial court awarded Butters $519,750 in attorney fees on May 24, 2006. Butters appeals, contending that the award is inadequate. City also appeals, claiming that the award is too high. Court hold Butters is entitled to recover an additional $37, 030 in attorney fees.
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