Head and Neck Assocs. v. Coastal Vascular Specialists Med. Corp.
Defendants Coastal Vascular Specialists Medical Corporation (CVS) and Marcello A. Borzatta, M.D., challenge a referees statement of decision awarding lost rent damages and attorney fees to plaintiff Head and Neck Associates of Orange County (H&N). Defendants contend H&N breached a sub-sublease by refusing to consent to a proposed assignment of CVSs interest in the sub-sublease to a third party based on the sublessors objection to the assignment. Defendants also contend the trial court erred by allowing the referee to hear their posttrial motions, and awarding H&N attorney fees based on a fee provision in the sublease. Court also conclude the trial court did not err in allowing the referee to hear defendants posttrial motions because the parties stipulated to a general reference authorizing the referee to hear and determine all issues of fact and law in the action. We conclude, however, the trial court erred in awarding attorney fees. The sub sublease did not contain an attorney fee provision, and did not incorporate by reference the subleases fee provision. Accordingly, Court reverse the attorney fee award and affirm the judgment in all other respects.
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