De Balkany v. Mission Plaza Townhomes Owners Assn
This is the third in a series of lawsuits filed by Damir De Balkany (De Balkany) against Mission Plaza Townhomes Owners Association et al. (Mission Plaza).[1] Although the complaint alleges numerous wrongful acts against Mission Plaza, the primary focus of the lawsuits is a dispute over reconstruction of a balcony attached to De Balkany's condominium units. This appeal is from orders granting Mission Plaza's motion to enforce a settlement agreement and awarding it attorney fees pursuant to Civil Code section 1717.[2] De Balkany asserts that, although the trial court granted Mission Plaza's motion to enforce the settlement agreement and awarded it attorney fees, the court in fact gave De Balkany all the relief he requested in his counter motion to enforce the agreement; therefore, he, not Mission Plaza, is the prevailing party and entitled to attorney fees under section 1717. Court affirm.
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